. .

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 49013

$________ - NEGLIGENT SUPERVISION OF 6-YEAR-OLD CLIMBING CARGO NET IN GYM - DISPLACED FRACTURE OF NON- DOMINANT HUMERUS - ESSENTIALLY USELESS LEFT ARM - COSMETIC DEFICIT - DAMAGES ONLY - HIGH/LOW AGREEMENT OF $________/$________.

Essex County, New Jersey

The plaintiffs contended that rather than keep a cargo net used by students for climbing properly stowed in a locked container as required when not being used by a class, the cargo net was left hanging from the top of the gymnasium. The plaintiff maintained that the infant plaintiff, a 6-year-old first grade student, began climbing the cargo net while there was no one present who had been trained to supervise him, and fell, suffering a severe fracture to the left, non-dominant humerus. The plaintiff also contended that the healing fracture entrapped and ultimately severed the radial nerve. The plaintiff maintained that he will be permanently left with an essentially useless non- dominant arm which appears to hang in an awkward manner with significant cosmetic deformities involving two very large scars. The principal conceded during her deposition that the cargo net should always be kept secured and not left in place for use unless qualified personnel are present to supervise. The court held that the jury could not consider comparative negligence on the part of the infant plaintiff and granted the plaintiff’s motion for summary judgment on liability.

The infant plaintiff was unable to estimate heights and there was no evidence as to the height from which he fell. The plaintiff’s orthopedic surgeon related that the infant plaintiff suffered a displaced fracture of the non-dominant humerus and that the radial nerve became entrapped in the healing fracture. The infant plaintiff underwent surgery in a largely unsuccessful attempt to restore significant use of the arm. The orthopedic surgeon also related that the surgery has left extensive and permanent scarring on both the inner and outer aspects of the arm.

The plaintiff established that he is left with virtually no grip strength in his hand, is unable to use most of his fingers, cannot rotate the hand, and that his hand appears very disfigured. The plaintiff’s vocational expert would have contended that the plaintiff will be permanently subjected to a competitive disadvantage. The plaintiff would have argued that even if he is geared towards professional work, he will nonetheless face impediments because of difficulties with using a computer.

The defendant’s vocational expert would have denied that the plaintiff’s claims should be accepted and would have contended that the plaintiff should be able to overcome any difficulties caused by the loss of use of the arm. The plaintiff countered that the jury should consider that the infant plaintiff faces a very difficult future in a wide array of areas in addition to any future professional compromises. The plaintiff maintained that it will probably be very challenging for the infant plaintiff in his endeavors to find a girlfriend as well.

The jury awarded $________. The parties had entered into a $________/$________ high/low agreement prior to trial. The case subsequently settled for a structure with a present value of $________.

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.