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Premises Liability: The Slip and Fall
- NYC to pay $2.75M for softball accident in school gym class
- New case law on slilp and fall on icey sidewalks owned by a City
- Worker who lost leg in construction accident receives $13M
- Boy blinded in ATV rollover gets $6M settlement
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
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Premises Liability: The Slip and Fall
Premises Liability: The Slip and Fall
NYC to pay $2.75M for softball accident in school gym class
The City of New York Department of Education must pay $2.75 million to a woman who sustained severe facial injuries in a softball accident four years ago, while attending one of the city's public schools.Chelise Navarro, now 20, was struck in the face by a swung bat during softball drills in gym class at the Bronx's Walton High School. She sued the department of education, alleging that her gym teacher was not supervising the drills. The defense cast blame on the girl who swung the bat, contending that the students had been warned not to execute full swings of the bat. It also contended that Navarro assumed the gym-class activity's inherent risk of injury, but the jury found that the department of education was liable for the accident.
To see the full report go to VerdictSearch.com.
New case law on slilp and fall on icey sidewalks owned by a City
Attached is a link to a new Pennsylvania Supreme Court decision yesterday in Reid v. City of Philadelphia. The Court (Eakin, J.) holds that Section 8542(b)(3) of the Political Subdivision Tort Claims Act does not apply to sidewalks, even those abutting local agency property.
This was a case where the injured victim slipped and fell on an icey sidewalk and was initially allowed to recover after the City was negligent in removing ice and snow from a sidewalk. The trial court and Commonwealth Court held that the City could be liable under the "real property" exception of the Political Subdivision Tort Claim Act. The Pennsylvania Supreme Court reversed that decision.
Thanks to Scott Cooper, Esquire for providing this information.
Worker who lost leg in construction accident receives $13M
A construction worker whose leg had to be amputated after it was crushed by falling beams recovered a $13 million settlement.In 2005, Timothy McGuire was standing near an 80-foot I-beam on the Harrah's casino construction site in Chester when an aerial boom operator hit the beam, causing a chain reaction of falling beams. They landed on McGuire's right leg, crushing it. After 16 surgeries, his leg ultimately had to be amputated above-the-knee.
McGuire and his wife blamed general contractor T.N. Ward and subcontractors Samuel Grossi & Sons and E&R Erectors, arguing that they failed to ensure workers' safety. The plaintiffs also alleged the beams were improperly stored. Lawsuits against Harrah's Entertainment and Chester Downs were dismissed after the other parties agreed to the settlement. The case was filed in Philadelphia County.
To see the full report on this case, go to VerdictSearch.com.
At C&C Law, we have handled many construction site accidents in both Pennsylvania and New York. See more information on the website relating to construction site accidents here and here.
Boy blinded in ATV rollover gets $6M settlement
A 9-year-old boy blinded in an ATV (all terrain vehicle) accident received a $6 million settlement from his grandfather and his grandfather's businesses.In 2005, Thomas Richard Stewart V was operating an adult-size ATV on a hunting preserve owned by his grandfather, Thomas Richard Stewart III, when the boy became startled and lost control of the vehicle. It flipped over and its handlebar lodged into Thomas' left eye, blinding him in both eyes.
Thomas and his mother sued Stewart and his businesses, claiming they should not have allowed the boy to operate an ATV unsupervised. The defendants contended they weren't liable and argued that Thomas' father was responsible for the ATV at the time of the accident. The settlement was reached through mediation. The case was out of Fayette County which is south of Pittsburgh.
The see the entire report on this case, go to VerdictSearch.com.
I've blogged about ATV accidents many times before. See here and here. If not careful, these "toys" can be very dangerous.
ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
Our friends at Ziff Law in Elmira kick'in ass and taking names.....
Drunken man paralyzed after fall down stairs gets $17M
A New York jury awarded nearly $17 million to a man who sustained a paralyzing spinal injury after he tripped through the entrance of his Bronx residence. The plaintiff, Juan Santa Barbara, tripped on a door saddle, fell through his doorway, over a small wall and down a stairway, fracturing his spine. Santa Barbara sued his landlord, claiming that the saddle was unreasonably tall and constituted a tripping hazard. The landlord argued that the area was safe, and it also noted that Santa Barbara was intoxicated at the time of the incident.
The jury assigned 70-percent liability to the landlord and 30-percent liability to Santa Barbara. It awarded $24,162,000, but that award was reduced by 30 percent, to reflect Santa Barbara's share of the fault.
Santa Barbara v. Migdol Realty Management, LLC
Skiier Injured Exiting Chairlift Did Not Assume Risk
From JudicialView.com:
Blocked Departure Area Not an Inherent Risk of Skiing
As Patricia Clarke was preparing to disembark from a chairlift at the Peek ‘N Peak ski resort in February of 2003, she noticed that there were children standing around the unloading ramp. Afraid of running into and hurting one of the children, Clarke straddled one of them, fell and injured her leg.
Clarke brought a personal injury suit against the ski resort, alleging that the operator of the chairlift should have stopped the lift and cleared the exit area. Peek ‘N Peak moved for summary judgment, arguing that skiing is a dangerous activity and Clarke assumed the risk. A magistrate judge recomended that Peek ‘N Peak’s motion be denied.
In its opinion, the District Court analyzed the assumption of the risk doctrine under New York law, determining that the ski resort’s liability hinged on whether it created a dangerous condition over and above that inherent in the sport of skiing. While exiting a chair lift did contain some inherent risks, colliding with another skier was not an inherent risk of exiting the chairlift. By allowing children to gather in the exit area, Peek ‘N Peak created a unique circumstance that made the act of skiing even more risky.
Additionally, the chairlift operator’s failure to slow or stop the lift and clear a path was in violation of both Peek ‘N Peak’s policy and New York state regulations. As such, there was a question of fact as to whether the ski lift operator had been properly trained to run the chairlift.
The District Court denied the motion for summary judgment based upon assumption of risk.
Clarke v. Peek 'N Peak Recreation, Inc., ---F.Supp.2d ---, 2008 WL 732794 (W.D.N.Y., Mar. 18, 2008)
Former pro football player gets $1.1M for fall in store
A former pro football player who claimed that he sustained severe back injuries when he fell at a grocery store was awarded $1.1 million. In 2004, Jerry Aldridge, then 48, slipped and fell at the Brookshire Brother's Grocery in Jacksonville . Aldridge, who underwent a lumbar fusion and a cervical fusion after two years of conservative treatment, claimed that he slid on grease that had leaked from a rotisserie chicken container. At trial, he was awaiting medical approval to return to work. Defense counsel argued that neither the store nor its employees had actual or subjective awareness of the alleged grease spill prior to the miscue. The defense also pointed to medical records showing that Aldridge had preexisting back and neck problems, including a herniated disc.
Aldridge v. Brookshire Brother's Grocery
To see the full report on this case, go to VerdictSearch.com
Family of resident who died from sepsis awarded $2M
A jury returned a $2 million verdict for the death of a 104-year-old nursing home resident caused by decubitis ulcers. Mary Adams died after eight weeks at Villa Valencia Healthcare Center, a skilled nursing facility in Laguna Hills. She was in the facility for physical therapy following hospitalization for a broken arm. While at Villa Villencia, she developed Stage IV decubitus ulcers on both heels. Her family sued the owner of the nursing home, claiming Adams was neglected there. They sought between $1 million and $5 million in damages. The jury's award included $1 million in punitive damages. According to defense counsel, the award will be reduced to $1.25 million per MICRA.
Adams v. Sunrise Senior Living Services Inc.
To see the full report on this case, go to VerdictSearch.com
Hotel guest injured when chair broke awarded $550,000
A jury awarded $550,000 to a man who injured his back and shoulder when he fell from a broken chair at a motel. John Karetas, a conductor with Norfolk Southern Inc., was staying at the McIntosh Inn in Allentown when the back of his chair broke, causing him to twist his back and fall on his shoulder. He sued the inn and his employer because he had taken a freight train from Harrisburg to Allentown, which required him to stay in the motel overnight. His lawyer argued that the back portion of the chair wasn't properly attached to the base. The jury found tMcIntosh Inn 70 percent liable and Norfolk Southern 30 liable.
Karetas v. Norfolk Southern Corp.
To see the full report, go to VerdictSearch.com
Concierge gets $3.78M for fall at hotel
A jury awarded $3.78 million to a woman who severely aggravated a back injury when she fell down a staircase at the Loews Miami Beach Hotel. Greimar Ruiz, who was a concierge at the hotel, claimed that her fall in 2004 aggravated a four-year-old lumbar fusion surgery. As a result, Ruiz is on morphine daily and she can no longer engage in activities such as basketball, waterskiing, jogging and in-line skating. The staircase lacked a handrail. The hotel conceded liability, but argued her fall wasn't related to her present condition. Of the award, she received $900,000 for future pain and suffering.
Ruiz v. Loews Miami Beach Hotel Operating Co. Inc.
Scalded tenant gets $2M from landlord
A Manhattan building owner and its managing agents agreed to pay a total of $2 million to a tenant who was scalded when her shower's hot-water knob broke in her hand. The injured woman, Ana Feliz, 83 at the time of the July 2006 incident, claimed that the building's managers were aware that the knob was loose, but that they neglected to perform the repair. As a result of the accident, Feliz sustained first- and second-degree burns of more than 10 percent of her body. The defendants contended that the knob had been replaced some 15 months prior to the incident and that Feliz had not reported any further problems. With a trial pending, the parties proceeded to mediation, where a settlement was struck.
Feliz v. Property Resources Corp
To get the full report on this case, go to VerdictSearch.com.Worker recovers for fall caused by 'junk brick'
An ironworker whose ankle was crushed by a powerlift after he fell on uneven ground at a brickyard work site recovered $810,315. Roger K. Hepner blamed his fall on "junk brick," which is old, culled brick that's used to cover the ground at a construction site. The plaintiff's construction expert argued that junk brick created an unsafe condition. It's standard for a work site to have gravel because junk brick causes an uneven surface. Defense counsel argued that once Hepner fell, the operator of the lift should have been carefully watching the area and not have run over the Hepner's foot.
Hepner v. Global Glay
To get the full report on this case, go to VerdictSearch.com.
Pa. Church Volunteer Who Lost Leg in Accident Awarded $4 Million
From InsuranceJournal.com:
A jury has awarded more than $4 million to a man who lost a leg in an accident while doing volunteer work at his Northampton County church.
Jay Benfield was installing telephone wires at St. John's United Church of Christ in Nazareth when a stack of drywall fell on him on Dec. 26, 2000. He was trapped overnight until workers found him the next day.
His left leg had to be amputated.
The jury deliberated about six hours last Thursday and Friday before announcing the verdict.
Jurors found that one contractor was 70 percent responsible for the accident, another contractor was 20 percent responsible and that Benfield was 10 percent responsible.
***The following is a statement from one of the plaintiff's attorneys, Mark K. Altemose, Esquire, of COHEN & FEELEY of Bethlehem, Pa.:
"My partner, Kelly Rambo, and I would like to thank all of you who expressed congratulations to us on our verdict. It means a great deal to both of us. We truly believe that justice prevailed in the case. Our client is a good man who was willing, from the very beginning--as I told the jury in my opening statement and again in closing--, to accept some responsibility for the accident. The Defendant Construction Manager was being completely unreasonable in denying any liability. The Specifications for the project incorporated a manufacturers' standard that required that drywall be stacked flat. Our experts testified that the purpose of the standard was to prevent this exact type of accident. Nevertheless, the Defendant maintained that stacking it on edge was still safe and that our client was the sole cause of the accident. Fortunately, the jury agreed with our position. Furthermore, the damages awarded were fair and reasonable by any standard of measurement. The jury and our client really deserve the credit.
Hopefully, the Defendant and other contractors who insist on stacking drywall on edge on construction sites will learn from this case so that no other person will endure the needless suffering that our client and his family have endured since this accident and will endure for the remainder of their lives. If so, then this case will be a victory not only for our client, but for PAAJ and all organizations with a similar mission to protect the public at large from needless harm.
You can find contact information for Cohen & Feeley here.City hit with $3.8M verdict for woman's pothole fall
A jury awarded $3.8 million to a woman who sustained a fractured hip after stepping into a pothole at a Bronx intersection. Janie Utsey, 77 at the time of the October 2002 incident, alleged that the pothole developed after city workers failed to properly seal a prior gap in the road. She claimed that the gap reopened during the 17 months that preceded her injury. The city contended that the hole was connected to the cement platform of a bus stop and that, as such, it could not be filled in the conventional manner that Utsey had suggested. It also challenged Utsey's credibility by noting that she had provided differing accounts of the incident, but the jury was not swayed.
Get the full report on Utsey v. City N.Y. from Verdict Search here.
Sloppy paint job to blame for worker's slip and fall
A jury awarded more than $4.6 million to a construction worker who slipped on the overspray of a painting project. The suit dates to Aug. 28, 2006, when Thomas McAndrew worked at an outdoor construction site at John F. Kennedy International Airport, in Queens, New York. While traversing an area of cluttered boxes, McAndrew slipped on paint overspray that had been dampened by rainfall. He claimed that he sustained spinal herniations and a severe laceration of one finger. McAndrew sued the construction project's general contractor and a painting subcontractor, alleging that the boxes, the rain and a sloppy paint job created a hazard. The jury agreed, and it awarded McAndrew $4,663,231. McAndrew's wife also recovered $250,000 for her derivative loss.
McAndrew v. American Airlines Inc.
Order the full report on this case here at Verdict Search.
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