Government Liability

Dismissal of Rollerblading Injury Case Affirmed by Appellate Court

Published on: December 1, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of North Dakota recently published an opinion affirming a trial court’s ruling dismissing a personal injury and premises liability claim filed by a plaintiff who was injured when she fell while rollerblading in a city park. The district court had ruled that the plaintiff’s claim was barred by the three-year statute of limitations for negligence lawsuits against government actors in North Dakota.Initially, the plaintiffs served the defendant with the lawsuit within the statute of limitations, but the service did not meet the procedural requirements set out by state law and was found to be invalid by the courts. The plaintiff’s other arguments on appeal were also rejected by the state supreme court, and they will be unable to recover compensation for the injuries suffered in the fall.

The Plaintiff Suffers a Fall While Rollerblading in the Park

The plaintiffs in the case of Frith v. City of Fargo were a husband and wife who were exercising in a park operated by the defendant on a day in the summer of 2012. The wife was rollerblading on a multi-use pathway when she tripped and lost control after running into a raised bit of soft patching material that had been used to fill a crack in the pathway. According to the facts in the appellate opinion, the woman claimed that she could not see the hazard, and no warning was posted. Nearly three years after the accident, the plaintiffs attempted to serve the defendant with a personal injury and premises liability lawsuit that alleged the defendant was in control of the park’s maintenance and allowed a dangerous hazard to be created on the pathway without cordoning off the area or otherwise giving an appropriate warning.

State Supreme Court Rejects Governmental Immunity Previously Granted to School Administrators in Auto-Pedestrian Collision Lawsuit

Published on: November 23, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of Connecticut recently published an opinion reversing a lower court’s ruling to grant the defendants in a personal injury lawsuit immunity from the plaintiff’s claim. The plaintiff had been struck by a car while crossing the street onto the grounds of a public school, and he filed a negligence lawsuit against the driver of the vehicle that hit him, as well as against several school employees, the town, and members of the school board. The plaintiff’s claim alleged that the defendants breached their duty to the plaintiff to provide a safe school environment by failing to properly monitor and control the vehicular and foot traffic of students coming to and from the school.

The Plaintiff Is Struck by a Car as He Crossed the Street

In September 2007, the plaintiff in the case of Strycharz v. Cady was a freshman at the Bacon Academy, a public high school in Colchester, Connecticut. According to the facts discussed in the appellate opinion, the plaintiff left the school grounds to smoke a cigarette after he was dropped off by the school bus but before classes began.

As the plaintiff attempted to cross the street at a crosswalk and visit a popular spot for students to smoke, he was struck and injured by a driver who failed to yield at the crosswalk. As a result of his injuries, the plaintiff filed a personal injury lawsuit against several parties, including many school and town officials who allegedly knew of the dangers to students presented by traffic before and after school but failed to address the issue.

Court Rules in Favor of Plaintiff Who Tripped and Injured Herself While Crossing the Street

Published on: August 1, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Michigan Supreme Court recently released a decision reversing a lower appellate decision in favor of the governmental defendants in a negligence case filed by a woman who was injured while she was crossing a public highway operated by the defendants. The plaintiff’s claim that the defendant had been negligent in failing to maintain the highway in reasonable repair in order to be safe for public travel was rejected by the lower courts, who found as a matter of law that the highway was reasonably safe. The state supreme court reversed, ruling that the plaintiff had raised a genuine issue of fact as to whether the highway was unsafe, and her claim should have been heard by a jury.

The Plaintiff Is Injured After She Trips Over Uneven Concrete While Crossing a Public Highway

The plaintiff in the case of Kozak v. Lincoln Park is a woman who was injured while crossing a public highway that was operated by the defendant. According to the facts discussed in the appellate opinion, the woman tripped over a three-inch height differential between two slabs of concrete in the middle of the road and sustained injuries as a result. The woman filed a personal injury lawsuit against the city, alleging that the city had a duty to maintain the public roads in reasonably safe condition, and the violation of that duty directly resulted in her injuries.

The Trial Court Rules in Favor of the Defendants

Before a trial was held on the plaintiff’s claim, the defendant filed a motion alleging the roadway was safe. In response to the motion, the plaintiff submitted documentary evidence to show that the road was not safe, including evidence that it had been in poor condition for over six years when the accident occurred. The defendant’s motion included the opinion testimony of the city’s Director of Public Services that the roadway was “reasonably safe.” Without considering the plaintiff’s response to the motion, the trial court decided that the roadway was reasonably safe and that the plaintiff did not sufficiently respond to the defendant’s motion, ultimately dismissing the plaintiff’s case.

State Supreme Court Rules in Favor of State Park in Premises Liability Lawsuit

Published on: July 19, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Rhode Island Supreme Court recently reversed a lower court’s decision to grant the plaintiffs a new trial in a negligence and premises liability lawsuit, and instead instructed the court to enter judgment in favor of the defendant as a matter of law. The case was filed by a man who broke his neck and was paralyzed after he dove into a pond at a World War II veterans memorial park that was operated by the state. He alleged that the defendants were negligent in their operation of the pond by allowing swimming but failing to adequately warn the public of the shallow water and diving danger.

The Plaintiff Breaks His Neck After Diving into Murky Water

The plaintiff in the case of Roy v. Rhode Island is a man who was severely injured and left paralyzed from the neck down after he dove from an apparent diving platform into shallow water in a pond on the grounds of a veterans memorial park operated by the defendant. According to the facts, as reflected in the appellate opinion, the pond was man-made and operated much like a swimming pool. There were “no swimming” signs posted around the pond, although swimming would be permitted occasionally and the state employed lifeguards, even at times when swimming was not technically allowed. The plaintiff’s injury occurred when he dove into the pond from a wall that had reportedly been used frequently by members of the public for diving, although diving was not permitted, and the depth of the pond floor varied considerably.

The Trial, the Verdict, and the Appeal

After a long jury trial and over a week of deliberations, the jury reached a verdict that found the defendant had been negligent in failing to warn the plaintiff of the latent danger posed by the shallow water. However, the jury decided not to award any damages to the plaintiff. The plaintiff argued that the verdict was not consistent with the instructions given to the jury, and demanded a new trial, which was granted by the trial court. The defendant appealed the ruling to the state supreme court, additionally arguing that it was entitled to judgment as a matter of law under the state recreational use statute.

Court Affirms Judgment for Defendant in Case Filed after Fatal Skateboarding Accident

Published on: June 30, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of the State of California recently released an opinion in which they affirmed a lower court’s ruling granting summary judgment to the defendant in a wrongful death lawsuit. The negligence suit was filed by the family members of a boy who died after striking a manhole cover and falling from his skateboard while riding on a roadway that was operated by one of the defendants. The suit alleged that the defendants negligently failed to maintain a safe roadway and should be held accountable for the damages related to the boy’s death. The district court granted summary judgment to the defendants, finding that by participating in the inherently dangerous activity of skateboarding, the boy assumed the risk that he would be injured or killed by a condition on the roadway. As a result of the state supreme court’s recent decision, the plaintiffs will be unable to collect compensation for their claim.

A Tragic Accident Results in a Boy’s Death

The plaintiffs in the case of Bertsch v. Mammoth Community Water District were the surviving family members of a boy who died in a skateboarding accident in September 2011. According to the facts as recited in the appellate opinion, the victim and his brother were skateboarding around the hilly Mammoth Lakes area while their family visited a condominium that was owned by a friend. While waiting to meet their father, the boys rode their skateboards around the roads “for fun,” and they repeatedly pushed up and rode down the same hill near the condominium complex. As the victim was descending the hill on one of these occasions, his skateboard wheels became lodged in a small gap between the roadway and a manhole cover, and he was ejected from the board. His head struck the pavement, causing a traumatic brain injury and resulting in the boy’s death.

Judgment Is Affirmed for Defendants in Plaintiffs’ Wrongful Death Lawsuit

After the boy’s death, a wrongful death lawsuit was filed by his family, alleging that the defendants maintained a dangerous condition on the roadway. Before a trial on the issues, the district court ruled that the plaintiff could not recover damages as a matter of law, since the victim had assumed the risk of serious injury or death by skateboarding for leisure on the roadway.

Court Upholds $575,000 Damages Award to Woman Ejected From Public Bus After Collision With Fire Truck

Published on: May 2, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of Nebraska recently released a decision that affirmed a lower district court judgment awarding over $575,000 to a personal injury plaintiff in her lawsuit against a Nebraska city. The woman received the award as compensation for injuries she sustained when the bus she was riding on was hit by a vehicle operated by the city’s fire department. The defendant had appealed the ruling to the state supreme court because they were not permitted to subpoena records from a physician who treated the plaintiff’s injuries, but the high court agreed with the district court that the requested records were not relevant to the case. As a result of the Nebraska Supreme Court’s ruling, the plaintiff will be able to collect compensation for her injuries caused by the negligence of the city employee.The plaintiff in the case of Moreno v. City of Gering was injured in a car accident in January 2011, when the county bus she was riding in was hit by a fire department vehicle. After the impact, the woman was ejected from the bus and landed on the pavement, and she was subsequently taken to a local hospital by ambulance with serious injuries. In the course of her treatment, the patient’s doctor determined that an existing back injury was aggravated by the crash, and she would require spinal fusion surgery to fully recover from the accident. A surgery was performed on the plaintiff in June 2011.

The City Admits Liability for the Crash But Challenges the Propriety of the Spinal Surgery

The plaintiff filed a claim against the City of Gering under the state’s Political Subdivisions Tort Claims Act in November 2012 and sought damages to compensate her for the expenses and losses related to the accident. The city accepted responsibility for the negligence of the employee who caused the accident and waived any immunity they may have had as a municipality. However, the city challenged the plaintiff’s claimed damages, arguing that the spinal surgery was not necessary or helpful to her condition. The city’s defenses were not successful, however, and the district court judge made a finding that the surgery was in fact a necessary part of her treatment, which was affirmed by the higher court on review.