Premises Liability

Appellate Court Reverses Ruling in Favor of Defendant in Slip-and-Fall Case

Published on: January 9, 2017 | by Friedman Rodman Frank & Estrada, P.A.

The Michigan Supreme Court recently published an opinion reversing an appellate court decision that had overturned a trial court’s granting of summary judgment to the defendant in a slip-and-fall lawsuit filed after the plaintiff fell outside the defendant’s restaurant on a snowy night. The high court determined that the trial court was initially correct to determine that to be awarded summary judgment on the plaintiff’s claim, the defendant did not need to affirmatively prove they did not have notice of the dangerous condition causing the plaintiff’s fall. Based on the most recent decision, the plaintiff will not be compensated for her injuries, regardless of whether the defendant actually knew of the hazard that caused her injuries.

The Plaintiff Slips on a Staircase Outside the Defendant’s Bar

The plaintiff in the case of Lowery v. Woody’s Diner was a woman who was having drinks with friends at the defendant’s bar on a snowy night when she fell in front of the restaurant. According to the facts discussed in the appellate opinion, the plaintiff fell and broke two bones while she was standing outside the restaurant having a cigarette with a friend.

After she was injured, the plaintiff filed a premises liability lawsuit against the defendant, alleging that the defendant failed to maintain safe premises by allowing hazardous conditions to develop, specifically a slippery staircase.

Court Affirms Judgment Against Plaintiff for Failing to Properly Join and Name All Defendants Before Statute of Limitations Expired

Published on: January 2, 2017 | by Friedman Rodman Frank & Estrada, P.A.

The Rhode Island Supreme Court recently published an opinion affirming a judge’s decision to grant summary judgment to a defendant condominium association in a slip-and-fall lawsuit that was filed by a woman who was injured outside the condominium. The condo consisted of two connected units owned jointly by two couples and an unincorporated association they had formed. According to the appellate opinion, the plaintiff intended to sue both the individual owners and the association, but she failed to properly name the association in her original complaint. The plaintiff eventually amended the complaint with all of the correct parties over one year after the statute of limitations for her claim had expired.

The Plaintiff Claims Confusion with True Identity of the Defendant Prevented Her Timely Filing

In seeking leave to file the amended complaint, the plaintiff explained that she intended to sue the association as well as the owners, but her investigation was unable to determine the actual organization holding ownership of the complex when the original complaint was filed. The plaintiff used a fictitious name (XYZ Condo Association) until she could file an amended complaint with the actual party name included. Since she sought to amend the complaint over three years from the date of her injury, she requested that the statute of limitations be extended to allow the amended complaint to proceed as if it were filed when the initial complaint against XYZ Condo Association was filed.

Rejection of Plaintiff’s Slip-and-Fall Case Affirmed by Appellate Court on Review

Published on: December 28, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Seventh Circuit U.S. Court of Appeals recently published an opinion affirming a lower federal district court’s judgment in favor of the defendant in a negligence lawsuit filed by a plaintiff after she was injured in a fall. The plaintiff was a woman who was seriously injured after she slipped on rocks in a parking lot that was adjacent to and operated by the defendant, a national hardware store chain. Both the district court and the Seventh Circuit ruled that the woman presented insufficient evidence to support her negligence claim and that she was not entitled to plead her case for damages to a jury or judge at a trial. As a result of the appellate court ruling, the woman will not be compensated for her claim or the damages she suffered as a result of the fall.

The Plaintiff Is Injured After Slipping on Rocks Used and Sold by the Defendant

According to the appellate court’s discussion of the plaintiff’s initial complaint, the injuries resulting in the case of Piotrowski v. Menard, Inc. were caused when the plaintiff slipped on two or more rocks that were in the parking lot of the defendant’s store near the exit. The plaintiff claimed that the rocks on which she tripped were similar or identical to rocks that the defendant used in a decorative planter near the site of her fall. The rocks were also sold by the defendant inside the store as decorative river rock.

After she fell in the parking lot, she was transported by ambulance to a local hospital and treated for several broken bones and torn ligaments. Within one year of the fall, the plaintiff had been hospitalized four additional times and undergone three surgeries as a result of the injuries she suffered in the fall.

State Supreme Court Rules Against Condominium Association in Slip-and-Fall Accident Case

Published on: December 26, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Illinois Supreme Court recently released an opinion affirming a lower appellate court’s decision not to grant immunity to a condominium association after the plaintiff was injured after slipping and falling on an ice patch and filed a premises liability lawsuit. The plaintiff’s case alleged that the defendant property management company negligently maintained the condominium complex where the plaintiff resided, resulting in her fall.During the early case proceedings, the trial court applied a state statute concerning liability for improper snow and ice removal to find the defendant immune from liability for the plaintiff’s claim, granting summary judgment to the defendant. On appeal, the higher courts ruled that the plaintiff’s claim did not trigger the immunity statute and reversed the trial court. As a result of the recent rulings, the plaintiff’s case will return to the trial court and proceed toward a trial or settlement.

The Plaintiff Suffers an Injury After Slipping on the Sidewalk Outside Her Home

The plaintiff in the case of Murphy v. Lieberman Management Services is a Illinois woman who resided in a condominium complex that was managed by the defendant. About 10 days after a severe winter storm covered the area in over a foot of snow, the woman fell on a patch of ice that had accumulated in the parking lot near her apartment. The woman claimed that her fall was a result of the design of the parking lot and clogged gutters that were supposed to drain rainwater and snowmelt from areas where residents and visitors would be walking. Alleging that the property management company was responsible for ensuring the residents’ safety but failed to adequately design drainage and snowmelt management systems, the woman sued the defendant in state court for negligence and sought compensation for her injuries and loss.

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 Determines Negligence Lawsuit Against Ambulance Company Was Time-Barred

Published on: November 7, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The California Court of Appeals recently released an opinion affirming a lower court’s decision to dismiss a lawsuit filed against an ambulance company and hospital by a man who was injured while under the care of the defendants. The appellate court agreed with the district court’s finding that the claim was subject to the one-year statute of limitations for medical malpractice claims and was time-barred by the statute of limitations.

The Plaintiff’s Injuries Resulted in a Personal Injury Lawsuit

The plaintiff in Nava v. Saddleback was dropped from a gurney while being transported into the hospital from an ambulance and suffered from broken bones and severe pain as a result of his fall. He contacted an attorney and filed a personal injury and negligence lawsuit against the defendants 23 months after the fall occurred. The defendants asked the court to dismiss the case, arguing that the plaintiff’s claim was for medical malpractice and needed to be filed less than one year after the plaintiff was injured under the state’s statute of limitations for medical malpractice cases. The district court agreed with the defendants and entered judgment in their favor, and the plaintiff appealed.

The Court of Appeals Defines the Claim as One of Medical Malpractice

On appeal, the high court accepted the ruling of the district court, noting that any personal injury claim “related to” medical care that alleges the professional negligence of a health care provider is subject to the shorter, one-year statute of limitations. Since the plaintiff was receiving professional medical care from the defendants when his injuries occurred, the court ruled that his case was time-barred because the one-year statute of limitations applied. As a result of the recent appellate ruling, the plaintiff will not receive compensation for his injuries.

State Supreme Court Refuses to Enforce Arbitration Clause Against Young Injury Victim

Published on: November 3, 2016 | by Friedman Rodman Frank & Estrada, P.A.

An appellate court recently published an opinion affirming a lower district court’s ruling refusing to compel arbitration to address a personal injury claim alleging that actionable negligence caused a child to be injured at a trampoline park operated by the defendant. Both courts agreed that the clause within the liability release and waiver form that compelled any claims to be addressed through arbitration was a legally invalid contract of adhesion. Although the specifics of the plaintiffs’ claim have yet to be addressed by the court, the most recent ruling will prevent the plaintiffs from being forced to pursue compensation in arbitration, which is generally a more favorable forum for defendants.

The Plaintiffs’ Son Suffers a Serious Leg Injury, and the Defendant Seeks to Compel Arbitration

The plaintiffs in the case of Alicea v. Activelaf, LLC are the parents of a young boy who was injured in February 2015 while playing at a trampoline park that was operated by the defendant. According to the facts discussed in the appellate opinion, the plaintiffs alleged that the defendant’s negligence was the cause of the boy’s injuries, and they filed a personal injury claim in state court, seeking damages as compensation.

Before the boy was injured, his mother digitally signed a liability release and waiver with the defendant. As part of this waiver, the plaintiffs agreed that any legal claims against the defendant would not be brought in state or federal court and would be subject to mandatory arbitration. Arbitration is a private court-like proceeding that can be used to address several types of legal disputes. Technically, the parties in an arbitration accept the ruling of the arbiter as a binding settlement of their legal dispute.

State Supreme Court Accepts Award of Future Earnings to Injured Plaintiff Who Was Unemployed

Published on: October 12, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Louisiana Supreme Court recently released a ruling in a negligence lawsuit affirming a district court’s decision to award a plaintiff over $250,000 in damages as compensation for lost future earnings as a result of injuries that she had suffered due to the defendant’s negligence. The defendant appealed the district court’s ruling, claiming that the plaintiff was not employed when she suffered the injuries and that it was inappropriate for the court to award her future earnings as part of the damages award. Based on the high court’s ruling after the plaintiff’s appeal, the defendant will most likely be required to pay the damages awarded to the plaintiff.

The Plaintiff Suffered Serious Injuries While Rock Climbing

The plaintiff in the case of Fecke v. Louisiana State University was injured after she fell from a rock climbing wall that was operated by the defendant. The plaintiff alleged that an employee of the defendant acted negligently, causing her fall. She sought damages from the defendant to compensate her for the expenses and losses related to the injuries she suffered in the fall.

After a jury trial on the plaintiff’s claim, the defendant was found liable for her injuries and ordered to pay a total of approximately $1.44 million in damages to the plaintiff as compensation for their negligence. As part of the final verdict, the plaintiff was awarded $262,500 in compensation for future income that she would be unable to earn as a result of her injuries.

Court Rejects Property Owner’s Injury Claim Against Land Survey Company

Published on: September 16, 2016 | by Friedman Rodman Frank & Estrada, P.A.

One state’s supreme court recently published an opinion affirming a lower court’s dismissal of a plaintiff’s personal injury claim that was filed after the plaintiff tripped on a stake that was placed on his property by the defendant while performing a survey. The state high court ultimately determined that the plaintiff could not collect damages from the defendant because the survey was paid for by prospective buyers of the property rather than by the plaintiff himself. Finding that the duty that is required to give rise to a negligence claim requires a contractual relationship between the plaintiff and the defendant, the court ruled that the defendant could not be held accountable for the plaintiff’s injuries.The Plaintiff Sues After Suffering an Injury From a Stake Placed in the Ground by the Defendant

The plaintiff in the case of Bixenmann v. Dickinson Land Surveyors is a man who was injured on his own property after he tripped on a stake that was placed in the ground by the defendant as part of a survey he was hired to perform. The survey in question was performed in anticipation of the plaintiff’s sale of the property to another party, who paid for the survey pursuant to the real estate purchase contract.

After he was injured, the plaintiff filed a negligence claim against the land survey company, alleging that the stake created a dangerous condition and should have been more visible or accompanied by a warning to prevent the plaintiff’s injury. The plaintiff’s claim was dismissed by the district court, who ruled that he was required to provide expert testimony as to the standard of care owed to property owners and the general public by a professional land surveyor placing survey stakes in the ground.