Broken Femur Research Total Award $ Outcome Case Type Subcategory Facts

Transcription

1 Broken Femur Research Total Award Outcome Case Type Subcategory Facts - Defense Negligence Trip and Fall 75, CN: Plaintiff 45%; Defendant 55% MVA Pedestrian 142, Plaintiff MVA Broadside Plaintiff tripped and fell on a sidewalk owned and/or maintained by the defendant Seminole County resulting in a broken left femur. The defendant claimed that the plaintiff lived 5 houses away from the sidewalk which was raised approximately 2". The plaintiff admitted nothing was obstructing her view of the sidewalk and offered no explanation for her fall other than her own inattentiveness. The plaintiff's medical expenses totaled approximately 75,000. Judgment reduced to 41,250 for CN. A minor plaintiff suffered a subtrochanteric fracture of the left femur requiring surgery and resulting in a limp when she was struck by a van owned by the co-defendant club and operated by the defendant. The defendant contended that the plaintiff ran out into his lane of travel and that the collision was unavoidable. Plaintiff suffered a left femur fracture, left heel lacerations, left knee lacerations, and a thigh injury when his motorcycle was struck broadside by the defendant's vehicle. The plaintiff contended that the defendant entered into his lane of travel when it was unsafe to do so, operated his vehicle in a negligent manner, failed to yield the RoW, and failed to keep a proper lookout. The defendant admitted liability. 12, Settlement Premises Liability Accident at Apartment Complex Minor plaintiff suffered a left femur fracture when she wandered out of an apartment owned by the defendant companies and climbed onto a cooler and fell from the cooler. The plaintiff contended that the defendants failed to maintain the premises in safe condition, that they failed to warn of known dangerous condition, and that they failed to provide a working lock in the screen door of an apartment which was rented to the plaintiff's parent. The defendant denied liability and contended that the plaintiff was solely negligent.

2 27, Settlement Premises Liability Accident at Day-Care Center 220, Plaintiff Premises Liability Slip and Fall 10, Plaintiff Premises Liability Trip and Fall 97, Plaintiff Premises Liability Trip and Fall Minor plaintiff suffered a left femur fracture when she fell from a rope ladder and landed on wooden beams that encircled the play area at the defendant daycare where she was enrolled. The plaintiff contended that the defendant failed to maintain the premises in a safe condition, failed to provide usable and safe play equipment, failed to properly supervise plaintiff, and failed to warn of a known danger. The defendant denied liability, disputed the nature and extent of the plaintiff's injuries. and contended that the plaintiff and nonparties were comparatively negligent. Plaintiff suffered a femur fracture when she slipped and fell on an accumulation of water that was on the floor at the defendant-owned store. The plaintiff contended that the defendant failed to properly clean the floor and failed to properly repair a soda machine that the water had come from, which could have prevented her injury. The defendant denied liability and contended that soda machine was not owned by the store. Plaintiff suffered a loss of consortium when her husband suffered a femur fracture as a result of a trip and fall in the parking lot at the defendant grocery store's premises. The plaintiff contended that the defendant was negligent for failing to repair a parking bumper and failing to maintain a safe premises. The defendant denied negligence and contended that the landlord was responsible for repairs to the parking lot and that the plaintiff's husband was contributorily negligent for failing to be aware of an open and obvious situation. Plaintiff suffered a femur fracture requiring surgery when his pant leg got caught on rebar wire that was sticking out of a cement parking bumper in the parking lot of the defendant's grocery store. The plaintiff contended that the defendant was negligent for failing to repair the parking bumper and failing to maintain a safe premises. The defendant denied negligence and contended that the landlord was responsible for repairing parking lot and that the plaintiff was contributorily negligent for failing to observe and open and obvious situation.

3 387, Plaintiff Nursing Home Negligence 216, Plaintiff MVA R Turn Inadequate Care Plaintiff was transferred to a nursing home after suffering a stroke. The plaintiff suffered several falls at this facility which were prevented when a combination of a "buddy bar" and TABS alarm was used. The family then transferred the plaintiff to the defendant's facility because of it's reputation. The plaintiff entered the defendant's facility with all the classic signs of a fall risk and the defendant took no measures to prevent falls other than a bracelet designating him as a fall risk and keeping him under "close observation". The plaintiff fell 4 times in a 24-day period and the last time when he got out of a wheelchair, lost his balance, and fell to the floor he was injured. The plaintiff alleged negligence and also alleged a violation of the plaintiff's nursing home resident's rights (FS Chap. 400). The plaintiff suffered a subcapital fracture of the femoral neck with increased angulation and rotation of the femoral head, including lateral displacement of the distal fragments. The plaintiff's treating physician testified that the trauma of the fracture and subsequent surgery nullified previous rehabilitation efforts and made it impossible for plaintiff to return home. Plaintiff claimed that he was riding his motorcycle in the right lane when the defendant was driving an SUV in the center lane in the same direction. The defendant made a sudden right turn in an attempt to enter a convenience store, causing the motorcycle to strike the SUV. The plaintiff maintained that the front headlight of his motorcycle was on at the time and that there was no reason for the defendant not to see his motorcycle. The plaintiff suffered a femur fracture requiring surgery; and the defendant admitted negligence in making the turn but argued that the plaintiff was comparatively negligent because he did not have his headlight on. The defendant also claimed that the plaintiff made a good recovery.

4 26, Settlement Premises Liability Accident at Amusement Park Minor plaintiff suffered a slippage of the left femoral epiphysis and have to have pins surgically installed to repair the problem, which resulted in permanent scarring, when plaintiff slipped on smooth rocks at the defendant water amusement park (Wet N' Wild). The plaintiff contended that the defendant failed to warn of a potential danger, failed to alert its patrons of areas where it was unsafe to walk, and failed to provide the accepted level of care for its guests. The defendant denied liability and contended that plaintiff was responsible for her own injuries. 110, CN: Plaintiff 60%; Defendant 40% MVA-Truck Turning Plaintiff suffered a femur fracture with surgical scarring when the vehicle in which she was a passenger collided with the defendant's tractortrailer as the defendant's employee attempted to make an illegal U-turn while he was travelling in the same direction as the plaintiff. The plaintiff contended that the defendant failed to maintain the signal lights on its truck in proper working condition and that its employee operated the truck in a negligent manner and attempted an illegal turn. The defendant denied liability, denied that its employee failed to properly signal or that the lights were not in working order, and contended that the plaintiff failed to wear a seatbelt to mitigate her injuries. It further contended that the plaintiff's host driver operated his vehicle at an excessive rate of speed and failed to turn on its headlights. 53, Plaintiff Falldown Playground Minor plaintiff was under care of the defendants child care center when she suffered a fracture of the right femur requiring external fixation and scarring after playing tag with other children on the playground and running into a wooden pole/post that comprised part of a swing set. The plaintiffs alleged that the defendant was negligent in its supervision and in allowing a dangerous condition to remain on the premises. The defendant alleged that the minor was being properly supervised and its employee rendered immediate assistance to minor following the fall. The defendant contended that there was no evidence that the playground equipment being constructed with wooden posts constituted a departure from any acceptable standard, or that the equipment was in violation of any code, regulation, or statute.

5 91, CN: Plaintiff: 45%; Defendant: 55% MVA Pedestrian 33, Plaintiff Premises Liability Fall at Roller Rink 2,590, Plaintiff Business Negligence Negligent Supervision 200, Settlement MVA-Truck Broadside Plaintiff was the mother of the injured child. The plaintiff claimed that a van driven by the defendant driver and owned by the defendant club negligently struck the child as she crossed the street. The defendant contended that the minor darted into the path of the van leaving insufficient time to avoid the accident. The minor admitted that she did not look before entering the street. The minor's orthopedic surgeon testified that the minor suffered a fractured femur as a result of the accident resulting in a 2-3% permanent disability of the whole body. The defendant driver claimed he did not see child. Minor plaintiff suffered a femur fracture after a fall at the defendant's skating rink. The plaintiff contended that the defendant was negligent. The defendant denied negligence and contended that the plaintiff and a 3rd party were negligent. Plaintiff suffered a femur fracture and ligament damage requiring a future knee replacement when he was taking an item out of the trunk of his car and he was struck by the car behind him driven by a valet employee of the co-defendant on the driveway of the defendant hotel. The plaintiff contended that the defendants were negligent, that they failed to properly supervise the valet parking service, failed to properly train the drivers, and failed to provide a safe area in the front driveway for visitors and guests. The defendants denied liability. Plaintiff suffered a femur fracture requiring 3 surgeries when his vehicle struck the defendant-owned semitrailer truck that attempted to back into a parking lot and was blocking the westbound lanes of traffic. The plaintiff contended that the defendant's driver operated the semitrailer in negligent manner and failed to keep a proper lookout. The defendant denied liability. - Defense Premises Liability Fall at Condominium Complex Plaintiff suffered a R femur fracture when she tripped and fell over a raised cement slab while walking around the pool area of the defendants' condominium complex. The plaintiff contended that the defendants failed to maintain the premises in a safe condition and failed to place warning cones/signs around the defective pool area. The defendants denied liability, denied that they had prior knowledge of the condition, and contended that they did not have sufficient time to take steps to remedy the condition.

6 - Defense MVA Bicycle 616, Plaintiff Premises Liability Trip and Fall - Defense Premises Liability Trip and Fall Minor plaintiff suffered a left femur fracture when his bicycle was struck by the female co-defendant's vehicle operated by the male defendant at an intersection. The plaintiff contended that the defendant operated the vehicle in a negligent manner, failed to keep a proper lookout, drove at an excessive rate of speed, and failed to yield the RoW to a bicyclist. The plaintiff further contended that the co-defendant was liable under the doctrine of respondeat superior. The defendants denied liability. Plaintiff was a patron at the defendant's sports bar when she claimed she tripped and fell because an electrical cord was left on the floor. The plaintiff alleged that the defendant was negligent in failing to maintain the floor in a safe condition. The plaintiff suffered a femur fracture from the fall requiring surgery and a 17-day hospitalization. The plaintiff further claimed permanent pain and limitation of motion which prohibited many physical activities. Plaintiff suffered a femur fracture when he was walking up the stairs in the defendant's movie theater and tripped and fell. The plaintiff alleged that the fall was caused by a defective stair construction. The defendant argued that the stairs met all code requirements and weren't dangerous or defective and that the plaintiff wasn't watching where he was walking and missed a step. The defendant also claimed that the plaintiff made an excellent recovery from his leg fracture. 7, Settlement Premises Liability Accident at Public Property Minor plaintiff suffered a femur fracture when he fell from his motorcycle by an obscure ditch on the defendant State of Florida's public property. The plaintiff contended that the defendant was negligent for failing to warn the public of a dangerous condition, and for failing to repair the condition. The defendant contended that plaintiff was contributorily negligent and contended that it was exempt from tort liability due to statutory immunity. 673, Plaintiff Premises Liability Slip and Fall Plaintiff suffered a femur fracture when he slipped on an accumulation of water in an attempt to exit the defendant's condominium complex. The plaintiff contended that the defendant's employee mopped the area prior to the incident and that it failed to warn of the dangerous conditions. The defendant denied liability and contended that the plaintiff tripped and fell in an attempt to step onto the walkway.

7 - Defense Premises Liability Trip and Fall - Defense Premises Liability Trip and Fall - Defense Premises Liability Trip and Fall 50, Settlement Premises Liability Trip and Fall - Defense MVA Bicycle - Defense Premises Liability Slip and Fall Plaintiff suffered a distal femur fracture of the left leg when she tripped and fell over a steel rod in the pavement of the defendant hospital. The plaintiff contended that the defendant failed to provide a safe premises. The defendant denied liability and contended that the plaintiff was contributorily negligent. Plaintiff suffered a femur fracture, an aggravation of a pre-existing arthritic condition of the knees, and a torn medial meniscus with 2 surgeries when he tripped and fell on a throw rug at the defendant's department store (Burdines). The plaintiff contended that the defendant was negligent in failing to provide safe premises. The defendant denied negligence and contended that the condition was open and obvious. Plaintiff suffered a femur fracture when she tripped and fell over a parking bumper in the defendant shopping mall's parking lot. The plaintiff contended that the defendant was negligent in failing to maintain a safe premises. The plaintiff also contended that defendant was negligent for failing to make the parking bumpers more visible since they were painted the same color as the pavement and were obscured by parked vehicles. Minor plaintiff suffered a femur fracture when she tripped and fell on a toy in defendant's daycare center. The plaintiff contended that the defendant was negligent for failing to maintain the premises in a safe manner and for failing to properly care for and supervise the children. The defendant denied negligence and contended that the accident was unavoidable. Minor plaintiff suffered three femur fractures requiring surgery when he was struck by the defendant driving an SUV while he was on his bicycle. The plaintiff claimed that the defendant failed to stop at a stop sign and struck his bicycle. The defendant argued that the minor plaintiff was not paying attention and drove directly into the path of the defendant's vehicle after she pulled out from the stop sign. The defense also argued that the plaintiff made a good recovery from his injuries. Plaintiff suffered a right femur fracture requiring surgery when she slipped and fell while in the checkout line of the defendant's grocery store. The plaintiff contended that there was a foreign substance on the floor that caused her to slip.

8 30, Settlement Premises Liability Fall at Hotel 29, Plaintiff Personal Negligence Supervision Plaintiff suffered a fractured femur when she fell on the defendant motel's ramp. She claimed that the ramp was too steep, lacked a handrail, and did not have a non-stick surface, and therefore wasn't in compliance with the building code. The plaintiff suffered a shortening of 1 leg and aggravation of arthritic an knee from fracture. Plaintiff suffered a femur fracture requiring surgery, thoracolumbar soft tissue injuries, and an atrophy in the right thigh when he jumped off the roof of defendants' house onto a trampoline in their backyard. The plaintiff contended that the defendants were negligent in their supervision. 66, , , CN: Plaintiff 50%; Defendant 50% City Gov't Infrastructure CN: Plaintiff 90%; Defendant 10% MVA CN: Plaintiff 80%; Defendant 20% MVA Moped Defendant Exiting Driveway Judgment reduced to 33,000 for CN. The plaintiff sustained a femur fracture and degenerative arthritis of the thoracic spine with calcification of several discs when the vehicle in which he was a passenger struck an electric light pole maintained by defendant Leon County. The plaintiff contended that the defendant was negligent in placing the pole in the paved portion of the roadside. The plaintiff's award was reduced for failure to wear a seatbelt. Plaintiff suffered a femoral condyle fracture, a herniated lumbar disc, a medial meniscus tear, and cervical/lumbar strain when his vehicle was involved in a collision with the defendant's vehicle which was exiting a driveway. The defendant denied that some of the plaintiff's injuries were related to the collision. Judgment reduced to 7,400 for CN. The plaintiff suffered a left femur fracture requiring 2 surgeries when he was struck while riding his moped by defendant's vehicle. The co-defendant contended that the plaintiff was negligent for riding the moped at night without headlights and without functional brakes. The plaintiff's medical expenses were paid by collateral sources. - Defense Premises Liability Trip and Fall Plaintiff suffered a non-union femur fracture and fractured Elliott plate after she tripped at the threshold while exiting the bathroom of her room at the defendant hotel. The plaintiff contended that the threshold between the bathroom and main room exceeded acceptable height standards and that the defendant was negligent for failing to correct the condition. The plaintiff used a walker and leg brace at time of fall.

9 - Defense Premises Liability Accident at Nightclub Plaintiff suffered an osteochondral fracture of the lateral femoral condyle and a partial tear of the medial collateral ligament when another customer collided with him on the dance floor of the defendant nightclub. 131, CN: Plaintiff 80%; Defendant 20% Toy Store Negligence Failure to Warn Judgment reduced to 26,000 for CN. The plaintiff was jumping on a pogo stick in the defendant's toy store when he fell and sustained a femur fracture. The plaintiff alleged that the defendant was negligent in displaying the pogo sticks outside of their boxes so that plaintiff was unaware of the weight limit. The defendant denied notice that the pogo stick was out of its box and contended that the plaintiff's injury resulted from his own negligence. 146, Plaintiff MVA Collision - Plaintiff Premises Liability Slip and Fall The defendant in this case was State Farm. The plaintiff alleged that he suffered a femur fracture when he was involved in an MVA with a nonparty vehicle at an unspecified location. The plaintiff contended that the defendant issued a policy of insurance under which he was entitled to UM benefits and that it failed to honor the provisions of that policy. The defendant admitted liability, but disputed nature and extent of the plaintiff's injuries. Plaintiff suffered a left femur fracture when she slipped and fell on floor of the defendant hospital where she was a business invitee. The plaintiff contended that the defendant failed to maintain the premises in a safe condition, failed to dry the floor, and failed to warn of a known dangerous condition. The defendant denied liability and denied that its employees breached their duty in maintaining the premises. 250, CN: Plaintiff 40%; Defendant 60% Premises Liability Trip and Fall Plaintiff suffered a femur fracture requiring multiple surgeries when she slipped and fell in the defendant's parking lot. The plaintiff contended that the defendant was negligent, failed to maintain premises in a safe condition, and failed to remove the oil in the parking lot or warn of a known dangerous condition. The defendant denied liability, disputed existence of any dangerous condition, and contended that plaintiff tripped and fell off the curb which she didn't see because she wasn't wearing her glasses as required.

10 - Defense MVA Pedestrian Plaintiff suffered a femur fracture when she was struck by the defendant's vehicle as the plaintiff attempted to cross an intersection. The plaintiff contended that the defendant operated her vehicle in a negligent manner, failed to keep a proper lookout, and failed to yield the RoW to a pedestrian. The defendant denied liability and contended that plaintiff negligently ran out into the defendant's lane of travel. - Defense Premises Liability Slip and Fall - Defense Personal Negligence Accident - Defense Premises Liability Slip and Fall Plaintiff suffered a femur fracture requiring surgery when he slipped on wet tile and fell to the floor at the defendant's residence where she was delivering groceries in the course and scope of her employment. The plaintiff contended that the defendant failed to maintain the premises in a safe condition, negligently placed tile intended for indoor use on the outside area of the home, and that he failed to remedy or warn of a dangerous condition. The defendant denied liability, denied that the plaintiff fell on the tile, and contended that the plaintiff had visited his home numerous times and that the condition of the tile was safe. Plaintiff suffered a femur fracture requiring surgery and lumbar/shoulder strains when she was knocked down by the defendant as both parties were exiting a bus outside a concert hall. The plaintiff contended that the defendant failed to exercise due caution while exiting the bus and negligently rushed out of the bus although she was using a cane to walk and negligently fell on top of plaintiff. The defendant denied liability and contended that it was simply an accident. The defendant in this case was Wal-Mart. The plaintiff was a patron at the defendant store when she suffered a moderately displaced distal right femur fracture requiring surgery when she was walking down an aisle and slipped and fell due to a liquid substance on the floor. The plaintiff contended that the defendant failed to maintain the shopping aisle, failed to warn of the unsafe condition, and committed negligence per se by failing to exercise reasonable care in the maintenance, inspect, repair, warning, or mode of operation of its premises. The defendant denied liability.

11 18, CN: Plaintiff 50%; Defendant 50% Bicycle/Pedestrian Collision 324, Plaintiff Rental Car Negligence Negligent Entrustment 209, CN: Plaintiff 60%; Defendant 40% Premises Liability Fall at Nursing Home 143, Plaintiff MVA Head-On 542, CN: Plaintiff 48%; Defendant 52% Products Liability Industrial Machine Plaintiff suffered a femur fracture with surgical rod insertion when she was walking along the beach and the defendant negligently struck her with his bicycle. The defendant maintained that the plaintiff made a sudden turn and ran towards the water, running into his bicycle in the process. Plaintiff suffered a femur fracture when the vehicle in which he was a passenger struck a non-party vehicle which made a left turn in front of the host vehicle. The host driver was found 65% negligent and the nonparty motorist was found 35% negligent. Plaintiff suffered a femur fracture when she tripped and fell over a telephone cord in a room with a visitor at the nursing home owned and operated by defendant. The plaintiff contended that the defendant was negligent, failed to properly maintain the premises, and failed to remedy/warn of a known dangerous condition. The defendant denied liability and contended that the plaintiff failed to use due care for own safety. Plaintiff suffered a comminuted right femur fracture when her vehicle was struck broadside by the defendant's when he crossed the centerline. The plaintiff contended the defendant operated his vehicle in a negligent manner, failed to keep a proper lookout, allowed his vehicle to encroach upon plaintiff's lane of travel, fell asleep while driving his vehicle, and failed to stay right of the centerline. The defendant admitted liability. Plaintiff suffered a femur fracture when he came in contact with the blade of a stump grinder manufactured by co-defendant, designed by defendant and rented by 3rd-named defendant that was operated by a non-party member at the plaintiff's place of employment. The plaintiff contended that the defendants failed to properly manufacture and design the defective product and that the blade should have stopped when the machine wasn't in use. The defendants denied liability and contended that the plaintiff and nonparty member were negligent and failed to keep proper lookout.

12 - Defense Nursing Home Negligence Negligent Supervision Plaintiff suffered a right femur fracture when she fell at the defendant rehabilitation center where she was a patient. The estate contended that the defendant failed to properly supervise the plaintiff, allowed her to suffer a fall, and failed to provide the proper standard of care. The defendant denied liability, disputed t he extent of the plaintiff's injuries, and contended that the accident was unavoidable due to consequences of a pre-existing condition. 1,110, Plaintiff MVA L Turn 875, Plaintiff Recreational Vehicle Collision w/ Vehicle 347, Plaintiff Day-Care Center Negligent Supervision 273, CN: Plaintiff 20%; Defendant 80% Premises Liability Fall at Private Home Plaintiff suffered a femur fracture, chondromalacia, and a lumbar strain when his vehicle was struck head-on by the defendant when the defendant tried to make a left turn at an intersection. The plaintiff contended that the defendant failed to yield the RoW which caused the collision. The defendant admitted liability. Plaintiff suffered a left femur fracture requiring surgery and resulting in permanent impairment, the need for a future hip replacement, and lacerations to the right leg when he was struck while riding his motor scooter by the defendant-operated vehicle owned by the other defendant. The plaintiff contended that the defendant driver had permission to be driving the vehicle and operated the vehicle in a careless and negligent manner and was responsible for his injuries. The defendants conceded to liability and permanent damages, but disputed the amount of damages claimed. The defendants argued that the plaintiff failed to wear helmet which contributed to his injuries. Minor plaintiff suffered a fractured femur requiring surgery and spondylolisthesis when he fell from a swing on the playground of the defendant's day-care center where the plaintiff was enrolled. The plaintiff contended that the defendants failed to properly supervise the minor and failed to ensure the safety of the minor entrusted to their care. The defendants denied liability. Plaintiff suffered a displaced right femur fracture when she slipped and fell on algae that had grown on the patio of a home owned by the codefendant and was occupied by defendant.

13 35, Settlement School Negligence Negligent Supervision 235, Plaintiff MVA Broadside - Defense MVA UM 134, Plaintiff Business Negligence Inadequate Service - Defense Premises Liability Fall at Restaurant 292, Plaintiff MVA Red Light 128, CN: Plaintiff 10%; Defendant 90% Assault & Battery Nightclub Plaintiff suffered a femur fracture when he ran into a fire hydrant while in school under the defendants' care. The plaintiff contended that the defendants were negligent for failing to provide proper supervision and failing to properly design, install, and maintain the fire hydrant. The defendants denied negligence and contended that plaintiff was proximate cause of own injuries. Minor plaintiff suffered a right femur fracture requiring surgery when her vehicle was struck broadside by a vehicle owned by the 3rd party defendant, who was killed in the crash, at an intersection. The plaintiff contended that the defendant management company failed to maintain a 'stop' sign leading to the crash. The 3rd named defendant's lane of travel was controlled by a painted stop bar, speed bump, and designated crosswalk, and was a private roadway. Minor plaintiff suffered fractures of the right femur and left tibia when his bicycle was struck by a UM. The plaintiff contended that he had a policy for UM coverage with the defendant insurance company. The defendant denied liability on the part of the tortfeasor. Plaintiff suffered a femur fracture while under the care of the defendant company's employee. The plaintiff alleged that the defendant's employee knew he wasn't able to stand alone, and her negligence caused his injury. The plaintiff died of cancer prior to trial. Plaintiff suffered a right femur fracture when she tripped and fell from a raised booth platform at the defendant diner. The plaintiff contended that the platform violated local building codes. The defendant contended that it was not negligent. Plaintiff suffered a right femur fracture when he was involved in an intersection collision with the defendant. The plaintiff alleged that the defendant was negligent in his operation and control of his vehicle, causing it to go through a red light and strike his vehicle. The defendant alleged that the plaintiff had the opportunity to avoid the accident. Liability was contested. Plaintiff suffered a femur fracture at the defendant's nightclub/bar. The plaintiff claimed his companion was asked to leave, but not him and he was taken out a back door and pushed down the steps from the doorway to the parking lot. The defendant alleged both patrons were asked to leave.

14 250, Plaintiff Ski Lift Accident Fall from Lift 550, CN: Plaintiff 28%; Defendant 72% MVA Rear-end - Defense Premises Liability Trip and Fall - Defense Negligent Security Failure to Provide Guarded Access to Apartment Complex - Defense Premises Liability Trip and Fall Plaintiff suffered an acute right femur fracture requiring 2 surgeries when she was attempting to down load from the Lone Park Ski Lift Station at Big Sky, Montana. The plaintiff claimed that the Ski Resort did not follow the proper procedure for down loading, resulting in her falling from the chair lift several feet to the ground. The defendant denied any wrongdoing. Judgment reduced to 388,000 for CN and PIP. The minor plaintiff suffered a femur fracture and a left arm scar when she was hit from behind while on her bicycle by the defendant acting in course and scope of his employment. The defendant alleged that the minor shot out in front of him and he didn't see her. Plaintiff suffered a right introchanteric comminuted fracture of the femur requiring immediate surgery when she was a patron in the defendant's store. While walking through the store, the heel of the plaintiff's shoe became caught in a gap in the molding of the floor causing her to fall. The defendant claimed that the gap was actually routine plastic stripping placed on the floor where the tile ends and carpet begins. This trial was bifurcated and tried on liability only. The plaintiff suffered a comminuted femur fracture when he was shot at the defendant apartment complex by a man on a bicycle. The plaintiff claimed the defendant negligently failed to provide adequate security to prevent a shooting which occurred on the premises. The defendant maintained that the shooting was a spontaneous event and wasn't preventable. Plaintiff received 35,000 recovery under a high/low agreement. The plaintiff suffered a femur fracture with surgery when she tripped and fell at a 4" step-down from the tile foyer to the sunken living room while attending an open house. The plaintiff sued the property owner and property management company, alleging that the step-down was dangerous. The defendant property owner settled with the plaintiff prior to trial. The defendant management company contended that the stepdown was not a dangerous condition and that the plaintiff failed to watch where she was walking.

15 200, Plaintiff Premises Liability Trip and Fall 117, CN: Plaintiff 50%; Defendant 50% Premises Liability Trip and Fall Plaintiff suffered a femur fracture with surgery when she tripped and fell as a result of a dangerous step in the entrance of the defendant's laundromat. The defendant argued that the step was open and obvious and that the plaintiff caused the fall by not watching where she was walking. The plaintiff's engineer testified that the unmarked step shouldn't have been in the entrance of the laundromat and violated building codes. The plaintiff's orthopedic surgeon claimed a permanent impairment of the right leg. The defendant's engineer claimed the step didn't violate building code because it was built prior to code enactment. The defendant's orthopedic surgeon claimed that the plaintiff made a good recovery. Judgment reduced to 58,000 for CN. The plaintiff suffered a femur fracture and eventual death (1 day after fall) after the defendants negligently allowed a dangerous elevation change on the sidewalk of their premises by way of a corner of the sidewalk slab which was raised higher than the adjoining slab. The defendants denied that the elevation change constituted a dangerous condition and that the sidewalk condition was open and obvious. The plaintiff contended that the property was unreasonably dangerous for multiple reasons including the elevation change. 159, CN: Plaintiff 50%; Defendant 50% Premises Liability Slip and Fall Plaintiff suffered a femur fracture requiring surgery when she was visiting her husband in the defendant nursing home and slipped and fell on urine present on the floor of his room. The defendant claimed that the plaintiff's fall was caused by her wearing high heels (3") and that the floor was clean and dry at the time. The plaintiff contended that the husband's roommate had a history of urinating on the floor. A friend of the plaintiff who was with her said she noticed the urine but didn't say anything (defendant argued this testimony was in contradiction with a deposition where the witness said she saw nothing on the floor). The defendant's employee said she entered the room after the plaintiff's fall and the floor and the plaintiff's clothes were clean and dry.

16 - Defense Hospital Malpractice Inappropriate Medication - Defense Business Negligence Inadequate Service 351, Plaintiff Premises Liability Slip and Fall - Defense MVA Turning - Defense Business Negligence Inadequate Service Plaintiff suffered a femur fracture after an elective knee surgery when the hospital staff gave her Ambien and she became disoriented and attempted to get out of bed. The plaintiff's spouse/daughters filed suit on the plaintiff's behalf contenting that, despite the fact that the defendant knew plaintiff was a fall risk, the hospital gave her a sedative hypnotic but failed to provide a bed or chain alarm. The defendant disputed the plaintiff's expert's projected life expectancy and corresponding future damages. Plaintiff suffered a left femur fracture when a horse in which he rented and was guided by the defendant ranch owner became uncontrollable and was struck by an unmarked vehicle belonging to the co-defendant sheriff's department, operated by one of the co-defendant's employees. The plaintiff contended that the defendant was negligent in failing to provide a safe horse to ride and breached its duty by not providing an experienced trail guide who would ensure a safe ride. The defendant contended that the plaintiff was comparatively negligent and assumed the risk. Plaintiff suffered a femur fracture when he slipped and fell in an oil/water slick at the entrance of the defendant's gas station. The plaintiff contended that the defendant failed to maintain the premises in a safe condition and failed to remedy or warn of a known danger. The defendant denied liability and contended that the plaintiff failed to exercise due care for his own safety. Minor plaintiff suffered a right midfemur fracture requiring surgery when he made a U-turn and his motorcycle collided with the defendant's vehicle. The plaintiff's expert opined that the child suffered a 7% permanent disability as a result of the injuries. The defendant settled prior to trial. Plaintiff suffered a femur fracture requiring surgery when she was struck by an elevator located in the defendant's building and serviced by the codefendant. The plaintiff contended that the safety edges and electric eyes were not functioning properly. The defendant alleged that the plaintiff had changed her story multiple times.

17 - Defense Nursing Home Negligence Treatment - Defense Public Bus Noncollision - Defense MVA Pedestrian None Plaintiff sustained a right femur fracture when she was handled by defendant's nursing home personnel. The plaintiff had been admitted to the facility to recover from a fractured left femur and to receive physical therapy. The defendant maintained that the plaintiff's injury occurred prior to her admission. Plaintiff sustained a femur fracture when she was thrown from a seat on the defendant Broward County's bus. The plaintiff alleged that the bus was making a turn in a parking lot at the time of the accident. The defendant maintained that the plaintiff's injuries were not caused by the driver's actions. - Defense Premises Liability Fall at Motel - Defense Products Liability Child Safety Seat Minor plaintiff sustained a left femur fracture when she fell from a 2ndstory balcony on the premises of the defendant motel. Minor plaintiff sustained a right femur fracture and head laceration with permanent scarring when the vehicle in which he was a passenger was involved in a collision. The child was in a car seat and the plaintiff contended that the defendant manufacturer's product was defective, offering the child no protection upon impact. The defendant denied that the product was defective and contended that the product was misused. 127, CN: Plaintiff 50%; Defendant 50% Premises Liability Trip and Fall Plaintiff suffered a right femur fracture when he tripped and fell on a concrete parking bumper located at the edge of the basketball court in defendant complex. The plaintiff contended that defendant failed to maintain premises in safe condition and failed to remedy/warn of a known danger. The defendant denied liability and contended that the plaintiff failed to exercise due care for his own safety. 99, Plaintiff Recreation or Entertainment Facility Negligent Supervision Minor plaintiff sustained a right femur fracture requiring surgery and resulting in permanent scarring when she dropped to the mat after she was spun around on the rings by a non-party coach at the gymnastics facility owned by the defendant. The plaintiff contended that the defendant negligently failed to properly hire, supervise, and train its staff and that it failed to pay attention and failed to properly supervise the plaintiff. The defendant denied liability and contended that the spotter was paying attention but that the accident was unavoidable.

18 152, CN: Plaintiff 23%; Defendant 77% Maintenance or Repair Company Negligent Supervision Plaintiff suffered a left femur fracture requiring surgery when she slipped and fell in a puddle of water that leaked from her A/C unit that was repaired and maintained by the defendant at her residence. The plaintiff contended that the defendant failed to properly train and supervise its employees, failed to ensure that the A/C unit was properly repaired, and that it was liable under the doctrine of respondeat superior. The defendants denied liability. - Defense Med Mal Negligent Manipulation of Knee Following Knee Replacement - Defense Premises Liability Slip and Fall 1,820, Plaintiff MVA Intersection Plaintiff sustained a femur fracture after the defendant orthopedic surgeon negligently manipulated her knee following a knee replacement and that she was not informed of the possibility of this outcome. The defendant argued that the treatment rendered to the plaintiff met the appropriate standard of care in all respects and that femur fractures are a known risk of knee replacements and the plaintiff was fully informed of the risks. Plaintiff sustained a femur fracture when she slipped and fell on a wet ramp in front of the defendant's grocery store (Albertson's) as she exited the premises. The plaintiff contended that the exit ramp was negligently designed and that the defendant was liable. The plaintiff also claimed that the defendant was negligent for failure to maintain a handrail adjacent to the subject area. The defendant denied negligence and alleged that the plaintiff fell out of her shoe as she crossed a rubber mat on the ramp. The defendant also noted that over 20,000 people per week visited the premises with no similar complaints. Plaintiff suffered a femur fracture when his vehicle was struck in an intersection by the co-defendant's vehicle. The plaintiff claimed that the co-defendant was unable to see a stop sign due to the defendant utility company's truck blocking the co-defendant's view of the sign. The plaintiff's eyewitnesses testified as to the location of the stop sign and the location of the defendant's truck. The plaintiff claimed a 30% disability. The defendant offered testimony from the truck driver that the truck wasn't blocking the sign and that the plaintiff was exaggerating the extent of his impairment.

19 15, Settlement MVA Pedestrian 10, Settlement Products Liability Playground Equipment 100, CN: Plaintiff 20%; Defendant 80% MVA Pedestrian 27, Plaintiff MVA UM 400, , CN: Plaintiff 5%; Defendant 95% Hospital Malpractice Negligent Supervision CN: Plaintiff 10%; Defendant 90% Premises Liability Trip and Fall Plaintiff suffered a femur fracture and chest abrasions when he was struck by the defendant police officer (employed by co-defendant City of Stuart and 3rd-named defendant Stuart Police Department) while crossing the street. The plaintiff contended that the defendant was negligent for operating his vehicle recklessly and at an unsafe speed. The plaintiff was intoxicated at the time of the accident. The defendant denied negligence. Minor plaintiff suffered a femur fracture when leg became caught in playground equipment designed and installed by defendant company at a park operated and maintained by co-defendant government organization, the City of Ft. Lauderdale. The plaintiff contended that the defendants negligently designed and maintained the equipment and failed to warn of dangerous conditions. The defendants denied all allegations of negligence and contended that the plaintiff's negligence was proximate cause of injuries. Judgment reduced to 72,000 for CN. The minor plaintiff suffered a fractured femur when she was struck by the defendant's vehicle as she crossed the road. Plaintiff sued his insurance company (Progressive) and his employers' insurance company (Liberty Mutual) for UM benefits after he suffered a non-displaced femoral condyle fracture and non-displaced pelvic fracture and a torn bicep tendon when a non-party motorist struck a stopped vehicle which struck the plaintiff's vehicle. Liability was admitted. Judgment reduced to 380,000 for CN. The plaintiff sustained an external rotation and non-union of a femur fracture after he fell out of bed at the defendant hospital when the right foot rail was left down. The plaintiff contended that the defendant was negligent for not monitoring his movements and for not putting the bed rails in the up position. The defendant contended that the plaintiff was ordered to stay in bed and that he fell while trying to get out of bed, making him negligent. The defendant also contended that the plaintiff's injuries were from an initial fracture, not the fall. Judgment reduced to 270,000 for CN. The plaintiff suffered a femur fracture after falling down 3 stairs at the defendant store. The plaintiff contended that the defendant failed to maintain a safe environment and warn of the dangerous condition.

20 - Defense MVA Pedestrian - Defense MVA Pedestrian - Defense Premises Liability Slip and Fall 500, Settlement MVA UM 750, Settlement Premises Liability Slip and Fall 94, Settlement Nursing Home Negligence Inadequate care Minor plaintiff suffered a fractured femur with permanent scarring, postconcussion syndrome, the loss of 2 teeth, and multiple abrasions when she was struck by the defendant's vehicle while crossing the street. It was indicated that the plaintiff may have darted into the street. Plaintiff sustained a femur fracture requiring surgery when he was struck by the defendant while walking on a public roadway. The plaintiff alleged that the other defendant, a condominium complex, negligently constructed and maintained a wall on its property which caused motor vehicle operators to drive over the sidewalk to sufficiently see out into traffic to safely pass into the flow of traffic. Plaintiff sustained a right femur fracture when she slipped and fell in the check-out line of the defendant grocery store. The plaintiff immediately heard a crack and felt pain in the right thigh. Plaintiff sustained a femur fracture when she was struck by the defendant while riding her scooter. The plaintiff claimed that the defendant violated her RoW at the intersection. The plaintiff sued her insurance company (State Farm) for UM benefits because her policy covered more than the defendant's. Plaintiff suffered a femur fracture requiring surgery when she slipped and fell on wet carpet at a restaurant owned and maintained by the defendants where the plaintiff was a customer. The plaintiff contended that the defendants failed to routinely inspect and properly maintain the premises, allowed the carpet to remain wet for an unreasonable length of time, and failed to remedy or warn of the known dangerous condition. The defendants denied liability and disputed the nature of the plaintiff's injuries. Plaintiff suffered a right femur fracture requiring surgery and emotional distress when she slipped and fell while attempting to use the restroom at night without assistance at the defendant nursing home where the codefendant was the administrator. The plaintiff contended that defendants were negligent when the staff failed to adequately monitor and supervise the plaintiff and were aware that she needed assistance when going to and from the restroom at night. The defendants denied liability.

21 - Defense Premises Liability Falling Object - Defense Premises Liability Fall at Commercial Property 75, Plaintiff Premises Liability Fall at Farm 171, Minor plaintiff suffered a femur fracture with surgery and traumatic arthritis when he was struck by a falling pool table. The plaintiff alleged that the defendant property owner was negligent in leaving a heavy pool table leaning against the front of his rental property. The defendant maintained that the pool table was left against the building at the request of the minor plaintiff's aunt who was moving into the residence and that the minor caused his injury by attempting to move the table. The defendant offered ER records from 2 separate hospitals and the testimony of the treating nurses which indicated that the minor and his cousin attempted to move the pool table when it fell. The defense also showed that the plaintiff's treating rheumatologist couldn't correlate the arthritis to the injury. Minor plaintiff suffered a femur fracture when he fell off of the 'ball crawl' while playing on the defendant company's premises. The plaintiff contended that the defendant failed to maintain the premises in safe condition and failed to warn of a known dangerous condition. The defendant contended that the plaintiff was warned several times not to jump from that area but continued to do so. Minor plaintiff suffered broken femur while on a hayride at the defendant farm when the tractor hitch broke and he was thrown off of the hay cart. The plaintiff contended that the defendant failed to warn of a dangerous condition. The defendant contended that the plaintiff assumed the risk.