For years, one of the many appeals of going to a Major League Baseball game has been the chance to make a catch of your own. All it takes is the right moment and a little bit of luck, and you could catch that ball right out of the air. However, for one 28-year-old woman, the dream of catching the ball wasn’t one she shared. So, when Laiah Zuniga was hit by a ball at Wrigley Field almost two years ago, the damage was significant.

Zuniga was six rows up from the field when a foul ball was hit, striking her in the face when she was chatting with a friend. This took place on the fifth inning of a match between the New York Mets and the Chicago Cubs. The individual suffered permanent damage to her eyesight, as well as damage to her sense of smell, taste, and also the condition of her teeth and nose. The injury also resulted in what is known as a spider fracture which extends down the face of Zuniga.

Speaking about the incident, Zuniga said: “My friend and I were sitting along the third baseline, eating food, when a foul ball hit me in the face in the fifth inning. The ball knocked me unconscious.  And when I awoke, my beef sandwich was the only thing I had to catch the waterfall of blood running down my face.”

The force of the hit was such that her teeth were actively detached from the nerves, meaning that she lost several teeth even after undergoing significant dental work. Representing Zuniga is Clifford Law Offices, who said in the claim: “Major League Baseball and the Cubs were aware that severe injuries from foul balls could happen to its fans sitting in rows near the field because it had happened many times before,” her attorney, Trace Brammeier, said.

“Just late last year the MLB announced that all 30 teams would extend netting from foul pole to foul pole this year, but it’s too late for Laiah.”

The filing claims that more than 1,700 fans have been victim to baseballs entering the stands at high speeds. However, Zuniga made clear that despite the intensity of the situation and the horrible circumstances that it had not dulled her support of the club, saying: “I’ll always be a Cubs fan.”

More to come as the case unfolds.

Citation

https://wbbm780.radio.com/articles/woman-sues-mlb-chicago-cubs-over-foul-ball-injury

When you go to work, the last thing that you expect to deal with is some kind of personal injury. For Eddie E. Curl, an Iowa railway worker, though, this was not an issue he could avoid. The Quad Cities resident was injured during a train derailment in 2015 and has since been awarded a total of $1.29m.

He took his previous employer, Burlington North Santa Fe, LLC, to court in 2017. He carried out the suit in Polk County. He worked as a maintenance member of their team and was carrying out work on a belt train car in Melrose, Iowa, when the derailment took place. Moving at around 10mph or less, Curl leapt some 10ft backward to try and escape the car. He managed to hurt his ankle, spine, and back, according to the lead counsel on the case, Benjamin Tobin.

Thanks to legal team Tobin and Patrick Sullivan, the suit was finally finished, and the payment was made to Mr. Curl. Tobin claimed the BNSF knew the area was not suitable for work due to the washed-out tracks where the derailment has taken place. This was likely caused by recent flooding which had taken place in the area. After the case closed, Tobin said: “The railroad knew about the washed-out tracks in the area and that’s ultimately why the (derailment) happened,”

BNSF’s Midwest operations spokesman said that railroad firm is exploring options of appeal and does not intend to comment any further at the moment. The jury, made up of eight people, provided Curl with a $500,000 payout for future pain and suffering, $300,000 for future medical care, $390,000 for future and past loss of income, and $100,000 for past and future loss of household services.

The BNSF team admitted fault eventually and offered around $12,000 in payout fees. However, Tobin said: “They said that the ankle injury was only related to the ankle sprain and that the tarsal tunnel and complex regional pain syndrome (in his ankle) was not related,”

After going back to work post-injury, Curl found that he was unable to get over the continual pain caused by the incident and was now at the point where he was unable to keep working. He stopped working in the industry in 2016, and has not been able to return to his job since. With permanent injections placed in his spine to try and minimize the pain, the hope is that Curl – who has undergone numerous surgical treatments – might finally find some relief from the pain and suffering caused due to the incident.

Citation

https://www.desmoinesregister.com/story/news/crime-and-courts/2020/03/13/bnsf-railroad-worker-injured-job-awarded-1-million-lawsuit/5010874002/

When a child is harmed in a horrific accident, there’s always pressure to find a solution to help ease the suffering of the child and their family. When an Altadena, California toddler, then 2-year-old Adelaide Palmstrom, was struck with a falling tree branch in 2017, the reaction was the same. The child was at the Pasadena Day Center in 207 when the incident took place. With the case now finally concluded, the family will receive a $7m lawsuit settlement.

The parents first filed the lawsuit in a California state court in 2018, suing the city of Pasadena as well as the day care center. They also sued a local arborist as well as the Pasadena Unified School District. The property for the care center was leased from the PUSD, with the city controlling “a portion of the location involving the tree”.

Palmstrom was hit in the head by the falling tree branch, and suffered a fractured skull, neck, and the legs. The children were playing on their lunch break when the incident took place. Two other children, aged 3 and 4, were also hurt with minor injuries and their respective families joined in with the lawsuit. With this two-year lawsuit now finally coming to an end, though, it’s been noted that “multiple notices” were made regarding the condition of the tree.

With $7.3m in settlements paid out to the three families, the majority will go to the Palmstrom family. They will receive $2.4m from the city of Pasadena alone, with the other two families receiving a split of $100,000. The school district tree trimming contractor, Merchant’s Landscape Services, will pay around $2.48m, with $20,000 awarded to the other families affected. The Linda Vista Children Center will pay around $1.97m in compensation, with $30,000 to the other families.

The last party to settle, Pasadena Unified, paid out around $300,000, though there is no public information on the disbursements exactly. The award will be doled out to the child as she ages, with the aim to help cover the cost of medical bills and provide compensation and the loss of future earnings.

With a seven-week halo and leg cast experience, Adelaide also had to undergo plastic surgery for some of the scarring. She’s also believed to have had a traumatic brain injury from the incident.

By settling the lawsuit, though, no parties admitted liability.

Citation

https://www.pasadenastarnews.com/2020/01/20/families-of-toddlers-struck-by-pasadena-tree-branch-settle-lawsuit-for-7-3-million/

On June 29, 2015, Donald Berger was driving his minivan east on Hulton Road, in Penn Hills Township. Unfortunately, he was involved in a head-on collision with Caleb Wilson, who was heading west. Caleb Wilson caused the accident, after he crossed the roadway’s center line.

Unfortunately, Berger suffered injuries, particularly on his back, head and one leg.

Berger sued Wilson. According to Berger, Wilson was driving negligently. Defense counsel conceded liability. The trial addressed damages.

Berger sued Wilson for negligent driving.

Berger was rushed to hospital by an ambulance. After his initial assessment, Berger was diagnosed with paraplegia due to various injuries including comminuted distal radial fracture of the left femur, a nasal fracture, nasal lacerations, dislocation of the left index and ring fingers, rib fractures, closed head injury, great toe fractures, and a fracture of the T5 vertebra.

Berger was admitted and an external fixator was placed on his left thigh. Later, Berger was taken in for open reduction and internal fixation with bone grafting, which involved fixing his left femur fracture with surgical plates and screws.

During his stay in the hospital, Berger experienced a heart attack and pulmonary embolism. Consequently, a blood-clot filter was implanted and removed in February 2017. After stabilizing, he was transferred to an inpatient rehabilitation facility where he underwent extensive physical therapy. Berger was also suffering from impaired word fluency due to a frontal lobe injury.

When Berger was discharged, he experienced various complications including vascular problems on his legs, chronic venous stasis on both legs, and edema and ulcers on his toes. Additionally, the broken skin on his toes needs to be wrapped and monitored on a daily basis. Other than that, Berger has developed muscle spasticity and neurogenic bowel and bladder dysfunction.

According to physical medicine and life care planning experts, Berger’s future medical needs include a total left-knee replacement, medication, neuropsychological testing and treatment, handicap modifications and medical monitoring.

Before his accident, Berger would sometimes use a wheelchair due to multiple sclerosis. According to his testimony, he was still able to live an independent lifestyle despite his condition. However, Berger is now confined to a wheelchair due to the various injuries caused by the accident. Consequently, he requires round-the-clock assistance for activities like dressing, bathing and using the washroom.

Berger sought to recover $2.3 million to $3.6 million in future medical costs, including damages for past and future pain. Additionally, Berger sought compensatory damages for suffering and disfigurement.

According to his wife’s testimony, she has become his caregiver due to his limitations. According to the wife’s testimony, wrapping and binding Berger’s swollen feet and broken skin is laborious and exhausting. Therefore, she sought damages for loss of consortium.

According to the testimony given by the defense’s expert orthopedist, Berger femur fracture healed well, and he does not need knee replacement. Additionally, the defense’s life care planning expert testifed that Berger’s future treatment for his auto accident injury would be minimal. According to the expert’s statement, if the accident had not occurred, Berger would have still required assistance with his day-to-day activities due to his multiple sclerosis.

According to the Jury, the sum total of Berger’s damages was $2.1 million.

This report is based on information from the plaintiff’s counsel. Defense counsel did not respond to calls for comment.

More info

Berger v. Wilson

Verdict: $2.1Million

Date of Verdict: May 22.

Court and Case No.: C.P. Allegheny No. GD-17-007297.

Judge: Patrick M. Connelly.

Type of Action: Motor vehicle.

Injuries: Back, head and leg injuries.

Plaintiffs Counsel: Joshua P. Geist, Goodrich & Geist, Pittsburgh and Gary L. Ciao, Ciao, Torisky and O’Connor, Pittsburgh.

Plaintiffs Experts: Edward R. Westrick, orthopedic surgery; Pittsburgh;  Varsha A. Desai, life care planning; Blue Bell;  Charles J. Burke III, orthopedic surgery; Pittsburgh;  Richard B. Kasdan, neurology, Pittsburgh; William M. DeMay, physical medicine; Johnstown.

Defense Counsel: Marc B. Zingarini and Elizabeth C. Grabey, McGivney, Kluger & Cook, Philadelphia.

Defense Experts: Kathleen Ryan Kuntz, life care planning, Jamison.

Citation

https://www.law.com/thelegalintelligencer/2019/10/24/jury-awards-plaintiff-2-1m-in-paralyzing-auto-accident-injury/?slreturn=20190924182307

Getting in an elevator (lift) can feel like a daring, worrying experience. Those who don’t like being in confined and tight spaces will know exactly just how this can feel. However, when a lift that we get into does actually lead to a problem, it’s easy to see why people react with so much fear and shock. Lifts are supposed to make our lives easier – so when one fails, people often take action as form of compensation.

Indeed, this is now the case of a court action in Fort Worth, where a nurse in a Fort Worth hospital is suing the Thyssenkruppt Elevator Corp. after the elevator that she was using was plunged a series of floors, causing significant injuries, according to the lawsuit which was filed in Tarrant County district court.

The nurse, named as Rogena Wright, works at the Texas Health Methodist Hospital, and is an administrative supervisor at Harris-Alliance, also. On January 23^rd, 2018, she was riding the lift at the Harris-Alliance when it fell down several stories, causing her to suffer injuries in the landing.

Also, the lawsuit alleges that there had been other incidents involving the elevator in the time prior to the incident with Wright. There were also recorded incidents after the event – though the lawsuit itself is sketchy on the details of other such incidents.

Two inspectors are named as part of the lawsuit, too, having been accused of failing to detect dangerous conditions within the elevator. According to the lawsuit, Thyssenkrupp failed in their duty to maintain their elevator to the correct standard.

The injuries suffered were extensive, including a herniated disk, injuries to the left ankle and lower back, bruising to the arms and issues including headaches, dizziness and tingling in the back, arms, feet and also head. The lawsuit claims that Wright has been unable to work due to the issues.

Suing Thyssenkrupp and the inspectors for a sum of $1 million, the firm’s spokesperson said simply that the firm will not comment on impending litigation.