Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases

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Premises Liability: The Slip and Fall

    7/8/2008
    James R. Carroll, Jr., Esquire
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    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)


7/6/2008
James R. Carroll, Jr., Esquire
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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

6/18/2008
James R. Carroll, Jr., Esquire
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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


6/14/2008
James R. Carroll, Jr., Esquire
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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.


6/9/2008
James R. Carroll, Jr., Esquire
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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.
6/9/2008
James R. Carroll, Jr., Esquire
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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.

5/23/2008
James R. Carroll, Jr., Esquire
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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.

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