PREMISES LIABILITY VERDICT FOR DEFECTIVE SWING

 

A teenager injured in a tree swing mishap received a $250,000 settlement. In February 2008, Drew Story, then 16, was using a homemade tree swing at the Spring Valley home of Scott and Nancy Coleman when the limb the swing was tied to broke. Drew fell only two feet, but he hit his head on large rocks that surrounded the swing. He sustained a catastrophic brain hemorrhage and had to undergo emergency brain surgery, which included removal of a portion of his skull due to swelling in the brain. Drew's parents blamed the Colemans for his injuries, alleging the swing and surrounding area were poorly designed and that the tree was diseased. The defense argued Drew was contributorily negligent in his use of the swing. After months of recovery, Drew was able to return to school and is expected to graduate with his class.