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$________ – Homeowner's Negligence – Plaintiff falls 40 feet while helping the defendant trim his tree – Femoral neck fracture – Humeral head impaction fracture – Clavicle fracture – Loss of consciousness – Surgery

Fairfield County, CT

In this negligence matter, the plaintiff alleged that the defendant homeowner was negligent in failing to provide the plaintiff with proper equipment and safety protection while climbing the tree to trim branches. As a result of the defendant’s negligence, the plaintiff fell 40 feet to the ground and suffered multiple fractures which required surgery. The defendant denied liability and maintained that the plaintiff’s injuries were as a result of his own negligence.

The 52-year-old male plaintiff went to his friend, the defendant’s home, on the afternoon of March 23, ________, to assist the defendant in trimming branches from the defendant’s tree. The defendant provided the plaintiff with a 30 foot ladder and some rope. The plaintiff climbed up the ladder and was required to climb an additional ten feet to reach the branches that required cutting. The plaintiff had a harness used for sailing and hooked that to the rope that the defendant provided. The plaintiff fell approximately 40 feet to the ground, where he was knocked unconscious as a result of the fall. He also suffered multiple fractures, and was diagnosed with a: Femoral neck fracture, humeral head fracture, a coracoid fracture, and a distal clavicle acromion fracture. He also suffered a torn tendon in his shoulder. The plaintiff was required to undergo surgery to repair his fractures, and was hospitalized for two weeks after the incident. The plaintiff brought suit against the defendant homeowner alleging that the defendant was negligent in failing to provide the plaintiff with the proper safety equipment necessary to climb the tree and trim the branches.

The defendant denied the allegations and disputed liability and damages. The defendant maintained that the plaintiff voluntarily climbed into the tree, and therefore, his injuries were as a result of his own negligence. The defendant also disputed the nature and extent of the plaintiff’s injuries and damages.The parties agreed to resolve the plaintiff’s claim for the sum of $________ in a settlement prior to the trial in this matter.

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