Dallas Personal Injury Lawyer Blog

Injured Woman Recovers At Trial on Premises Liability Case

A restaurant patron was awarded $108,642 after a falling chandelier broke her nose. Ellen Ricco was dining at Scuzzi's in Hamilton with her husband and eight others for a retirement party when the chandelier struck the front of her face, causing a laceration. She was later diagnosed with a nasal fracture. She initially had sutures and later underwent a reconstructive rhinoplasty. According to plaintiff's counsel, the defense argued that the plaintiff made a full recovery and suggested the reconstructed nose was an improvement. Ricco sought and obtained a res ipsa loquitur charge regarding liability.

 

Woman Awarded 1 Million for Gym Accident

 

A woman who fractured both wrists when she fell off a balancing device at her gym recovered $1 million. In 2005, Valerie Ann Skrine, then 49, fell off a BOSU Balance Trainer during a session with personal trainer Tony W. Hall at Victory Gym and Fitness in Cedar Hill. Skrine said she suffers from complex regional pain syndrome as a result. She sued Hall and the gym, claiming the trainer had her use the exercise equipment in an improper manner. She also blamed Fitness Quest, the maker of the BOSU device, alleging that its warnings were inadequate. The jury found Hall and the gym 85 percent liable and Skrine 15 percent liable; Fitness Quest was exonerated. The jury awarded $2.1 million but a high-low agreement capped the award at $1 million.

Elevator Accident Results in Plaintiff's Verdict

A jury awarded $72,905 to a courthouse security guard who suffered a back injury when an elevator skipped her stop and landed with a sudden jolt in the building's basement. Liliana Batres, then 32, sustained a bulging lumbar disc in the 2004 incident. She underwent $35,000 worth of chiropractic treatment and epidural injections, but claimed she continues to suffer from pain and impaired mobility. Batres, who sought $120,000 in damages, blamed maintenance company KONE Inc., alleging the elevator malfunction because it wasn't properly maintained. KONE argued that it performed regular service on the elevator. It attributed the malfunction to the elevator's age and argued that the incident wasn't preventable.

Lady Obtains 4.4 Million Dollar Verdict for Fall That Caused Brain Injury

 

A jury awarded $4.4 million to a woman who claimed her fall at a grocery store resulted in a brain injury that went undiagnosed for almost two years. In 2005, Liria Lopez, then 49, slipped on water that had accumulated near the entrance of a Minyard Food Store in Dallas, fracturing her right knee. In the following months, Lopez developed a movement disorder, experienced memory lapses and had troubles with concentration and speech. She was later diagnosed with a closed head injury, which her doctors claimed was caused by the incident. Due to the brain injury, Lopez is unable to work and had to move in with a relative because she needs constant care and supervision. Lopez alleged that she fell because it failed to lay out mats or warn patrons of the water on the floor.

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.