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ARTICLE ID 190815

$________ CONFIDENTIAL PRE-SUIT Employer’s Liability – Defendant college's volunteer operates golf cart transporting alumni during reunion in a careless manner, causing plaintiff to be thrown from the back of the cart – Fractures to pelvis, sacrum, pubic rami – Concussion – Lacerations.

Withheld County, MA

In this negligence matter, the plaintiff alumna alleged that the defendant college was negligent for the actions of its volunteer who was transporting alumni in a golf cart. The driver was operating the cart in a negligent fashion and the plaintiff was thrown from the back of the cart while it was moving. She sustained multiple fractures and was knocked unconscious from the fall. The defendant denied liability and disputed the nature and extent of the plaintiff’s injuries and damages.

The 76-year-old female plaintiff, an alumna of the defendant college was attending a 55th college reunion. The defendant college was using golf carts to transport reunion attendees across campus. The plaintiff was situated on the rear of the golf cart. The operator of the golf cart was driving too fast and drove the golf cart over a curb and onto the road while making a sharp turn. As a result of the driver’s actions, the plaintiff was thrown from the back of the golf cart onto the road.

She was knocked unconscious by the impact. She was transported by ambulance to a local hospital where she was diagnosed with a left pelvic fracture, sacrum fracture and pubic rami fracture. She sustained lacerations to her head and suffered a concussion. She suffered post-concussion syndrome. She was hospitalized for four days as a result of the incident and spent over one month in a rehabilitation facility.

After the incident, the plaintiff continued to suffer from head pain, lightheadedness, and vision and memory problems. The pubic ramus fracture greatly exacerbated her preexisting knee problem and caused her to undergo knee surgery. The plaintiff brought a claim against the college for injuries and damages due to the negligence of the college’s volunteer driver during the reunion.

The defendant disputed the nature and extent of the plaintiff’s injuries and damages, particularly contending that the plaintiff’s injuries were not all causally related to the incident. The defendant cited the plaintiff’s extensive preexisting medical conditions particularly her orthopedic problems which included compression fractures to her thoracic and lumbar spine. The plaintiff countered that medical evidence demonstrated that these injuries were new and were solely related to the incident in question.The parties agreed to resolve the plaintiff’s claim for the sum of $________ in a confidential settlement between the parties before suit was filed in this matter.

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