. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 24622

$________ Failure to maintain large slide at amusement park - Plaintiff descending slide with disabled daughter on lap strikes protrusion on fiberglass slide - Coccygodina.

Erie County

The 29-year-old female plaintiff contended that the defendant amusement park negligently failed to properly inspect and maintain a long fiberglass slide on which participants would descend while sitting on a burlap bag, resulting in the presence of an approximate 1/4 inch long protrusion. The plaintiff maintained that she felt severe pain as she rode over this area.

The defendant denied that the ride was dangerous and pointed to the absence of any prior similar incidents. The plaintiff introduced photographs of the area and maintained that the jury could observe the defect. The plaintiff contended that she was told by the defendant’s employee that she could have her young daughter sitting on her lap as she rode down, and maintained that the added weight could well have rendered the ride more dangerous, accounting for the absence of other recent, similar incidents.

The plaintiff testified that she felt a sheering type pain as she rode over the defect and that when severe continuing pain in the coccyx area prompted an MRI, a mild malalignment was evident, which the plaintiff contended reflected trauma. The defendant maintained that such findings reflected a degenerative condition.

The plaintiff countered that she had no prior symptoms or treatment.

The plaintiff maintained that the trauma caused a very painful condition known as coccygodima, which entails severe continuing pain in the coccygeal region. The plaintiff contended that she required a series of injections that were administered through the rectum in an unsuccessful attempt to improve the symptoms of the chronic pain syndrome stemming from the coccygodima.

The plaintiff, who worked the field of medical billing earning $________ per year, maintained that she cannot sit for extended periods and has been unable to continue working at this job. The plaintiff is currently babysitting her sister’s child. The plaintiff, who indicated that she has had some improvement, did not contend that she will suffer permanent economic losses and argued that an award for 5-6 years for future lost wages would be appropriate.

The jury found for the plaintiff and awarded $________ to the plaintiff and $________ to her husband for loss of consortium.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.