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ARTICLE ID 155907
$________ GROSS - Amusement Park Negligence - Man with mild muscular dystrophy falls at indoor amusement park - Injuries to cervical spine requiring cervical fusion surgery - Fractured nose - Lower limb weakness - Need of cane or walker - Loss of high-paying job due to inability to continue taking public transportation to NYC.
Middlesex County
A birthday party had a sad ending when the parent of two
guests fell and suffered serious injury at the defendants indoor
amusement park. The plaintiff alleged that a dangerous condition
was present at the amusement park in the form of an arcade game
placed in the immediate area of a corner. The defendant contended
that the plaintiffs fall was due to his pre-existing muscular
dystrophy condition and was not a result of a defect.
The evidence revealed that the male 48-year-old plaintiff was at the
defendants indoor amusement park where he had taken his two sons
for a childs birthday party. One of his young sons needed to go
to the bathroom and the plaintiff followed his son toward the
bathroom. The plaintiff alleged that his left foot became
entangled in the base of an arcade game, causing him to fall. The
plaintiff alleged that the configuration of the room and the
placement of the arcade game created a dangerous condition. The
plaintiff claimed that when he came around the corner, he
immediately encountered the arcade game before he could actually
visualize it. The plaintiff presented the testimony of a
professional engineer.
The plaintiffs injury claims included a fractured nose and an injury to his neck that required a surgical cervical fusion at C3-C4 and
C4-C5. The plaintiff testified that he now has lower limb
weakness and must walk with the assistance of a walker or 4-pronged cane. The plaintiff maintained that he had to give up his
high-paying position as an operations manager in New York City
because he can no longer take public transportation. The
plaintiff now has a local job with a significant cut in pay. The
plaintiff presented a neurologist to testify as to his injuries.
The defendant amusement park claimed that the plaintiff did not
trip over the game and contended that he was nowhere near the
game when he fell. The defendant maintained that the plaintiff
suffered from fascio-scapulo humeral muscular dystrophy, a mild
form of MD, and that it was this condition which had, in fact,
caused his fall. The defense alleged that the plaintiff had a
history of falls. The defendant presented the testimony of a
neurologist who stated the plaintiffs fall was due to his pre-
existing condition and that his MD condition made him more prone
to falls. The plaintiff countered with eyewitness testimony that
the fall had indeed occurred in the area of the arcade game.
The jury found the plaintiff 25% liable and the defendant
amusement park 75% liable for the incident. They then awarded
damages in the amount of $________, which was reduced by the
plaintiffs share of liability. $________ of the award was for loss
of consortium, $________ was for medical bills, and the balance was
for pain and suffering and disability. The defense made a motion
to reduce the award and the court reduced the net award to
$________ plus interest, which came to a total of $________. The
parties then settled for that amount.
5 ways to win with JVRA
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- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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