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ARTICLE ID 17115
- PLAINTIFF ASSISTING DEFENDANT INSTALLING NEW ROOF FALLS WHEN CONTACTS ALLEGEDLY IMPROPERLY MAINTAINED GUTTER - SEVERE PUNCTURE WOUND TO BUTTOCK - COCCYX FRACTURE.
Union County
The plaintiff contended that as he was assisting his friend, the
defendant, he lost his footing and commenced sliding down the
slanted roof, whereupon his feet contacted the wooden gutter
which gave way, resulting in his falling onto a picket fence and
suffering a severe puncture wound to the buttocks which
penetrated seven inches and a fractured coccyx. The Court held
that the plaintiff was an invitee as a matter of law. The
plaintiffs expert engineer contended that the defendant, who had
previously replaced all other wooden gutters on the roof with
aluminum, should have ascertained that the subject gutter was
weak and should have replaced it as well. The plaintiff also
contended that the defendant should have warned the plaintiff
that the gutter was weak. The defendant contended that the gutter
did not appear to be in need of replacement or repair and that it
held water without leaking. The defendant further contended that
the gutter could not be expected to hold the weight of a person.
The plaintiffs expert contended that if it was in proper
condition, the gutter could have prevented the fall and further
maintained that since it is foreseeable that people will work on
a roof and bring extra loads to bear on the gutter, it should
have been stronger. The evidence revealed that with the exception
of significant scarring on the buttocks, the wound healed. The
plaintiff contended that he would permanently suffer pain as a
result of the fractured coccyx. The jury found for the defendant.
Bogda vs. Staats. Docket no. L-________-88; Judge Melvin Whitkin, 4-
9-90. Attorney for plaintiff: Joseph Depa; Attorney for
defendant: James D. Bride. Plaintiffs general surgeon: S.J.
Panzerino from Short hills. Plaintiffs expert engineer: Steven
Schneider from Warren.
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