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Tent pole knocked over / alleged head injury

 

PREMISES LIABILITY

The Plaintiff alleged that she sustained a head injury after being struck with a 12-foot high, 30-pound tent pole that was knocked over and struck her on the back of the head, rendering her unconscious. The Defendant personal care home was alleged to be negligent in the erection of a large tent built for an auction on its premises. This 36 year-old Plaintiff alleged that as a result of this head injury, she was unable to work for the rest of her life and would require future medical treatment.

The Defendant personal care home successfully argued that there was insufficient evidence to prove it negligently erected the tent thus causing this accident. Furthermore, the Plaintiff clearly had recovered from the alleged closed head injury if, in fact, she sustained the same from this accident. The jury entered a defense verdict after a three-day trial.

Demand
$300,000

Offer
$50,000

Result
Defense verdict

Venue
Armstrong County

Judge
Vilasak

Attorney
Paul J. Walsh III

Tried

April 2004