Paul J. Walsh III
Tent pole knocked over / alleged head injury
The Plaintiff alleged that she sustained a head injury after being struck with a 12-foothigh, 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.
$506 verdict for the Plaintiff
Trip and fall / bilateral elbow fractures
While setting up a booth for the 1997 Fort Ligonier Days Celebration, the Plaintiff tripped and fell on a stump between hedges on her way into a parking lot.
The defense offered evidence that the Plaintiff chose to use a short cut to the parking lot instead of an available paved lot entrance and sidewalk only several feet away. She fell and fractured both of her elbows and claimed an aggravation of a pre-existing mental health condition.
The jury awarded only $506 for the Plaintiff.
Paul J. Walsh III
Fall down at shopping mall / back injury requiring fusion
This case arose out of an alleged trip and fall that occurred on a sidewalk at a shopping mall. The 36 year-old pregnant Plaintiff sustained a torn meniscus in the left knee which required arthroscopic surgery in addition to a permanent back injury requiring a fusion.
The Plaintiff claimed lost future earnings of approximately $250,000, along with lost wages of $20,752.
A verdict was entered for the defense.