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.

When we head to a water slide park, we expect to have a tremendously fun time. It’s fun to be able to have some fun, to relax and to just let ourselves go wild. The fun is all there in front of you, and the fact you’re mostly landing in water makes it all good fun. However, accidents do happen – and when they do happen, they can often be terrifying. For Anthony Dos Santos, a construction worker, it was the latter.

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Twenty-three at the time, he was injured at the Dorney Park & Wildwater Kingdom in Allentown, Pa. – Dos Santos has now settled with the ride’s builder for around $2.75m. Unfortunately, the plaintiff had lost his leg during the incident.

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The court documentation showed that the incident took place on April 23^rd, 2014. Dos Santos was holding a tagline which is normally used to help control the suspended column, walking in front of and alongside the forklift. The forklift though, stopped suddenly and he was pulled directly over the wheel of the forklift due to the movement of the beam. It crushed his foot.

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The lead plaintiff’s attorney from Stark & Stark, Tyler Tomlinson, said via a statement: “There was a much safer way to transport columns through the park, one that would not have presented hazards. Unfortunately, there also was not a supervisor on-site, as required by the contract, and the crew was understaffed.”  

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Unfortunately, post-incident surgical work was not enough to save his foot, suffering from necrosis. His right leg was amputated below the knee, with the aim of a prosthetic fitting. Dos Santos, sadly, suffered from several infections – and also suffered from phantom limb pain. Adding on top of this the emotional toll of the incident, and Dos Santos was diagnosed with post-traumatic stress disorder with depressed mood.

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Married and with children, he was unable to work and, to this day, still suffers from chronic back pain and phantom limb pain. The secured fee would cover a fee for lost wages, pain and suffering as well as medical fees.

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Whitewater West had a contract with Cedar Fair, which stated a supervisor was needed onsite. Cedar Fair was unaware, however, that a third party, KP Construction, was to take part in assisting the project. The owner of KP Construction, and second-in-command, were not present due to absence, and it meant a “skeleton crew” were moving the steel column on-site – a dangerous job.

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However, the attorney for Dos Santos claimed that Whitewater was responsible as there was no supervisor at the Dorney Park construction site. Indeed, no Whitewater employee had been on-site for a considerable period of time prior to the injury. With claims that safer ways of moving the column were ignored, too, leading to the eventual resolution.

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For some time now, National Collegiate Athletic Association (NCAA) football has been in the middle of a massive lawsuit that, if it goes a certain way, will change sports for good. The brain injury lawsuit currently underway will hold incredible repercussions for the sport, and could lead to transformative changes at all levels of not just football, but all sports.

The case argues that NCAA ‘dropped the ball’ when dealing with the protection of the brains of a football player. This is the argument put across by the widow of a now-deceased player. The lawsuit is built around chronic traumatic encephalopathy, otherwise known as CTE. It’s a neurodegenerative illness, and has become a major talking point in sport very quickly.

 

The National Football League (NFL) settled for around $1bn with the families of players who had suffered brain damage. The College Athlete’s League also agreed to provide free bi-annual medical screening for all athletes. Now, the NCAA is set to take the matter to public court as they head to Texas civil court to fight their corner.

Starting on June 11^th, the trial is a landmark case in that it’s the first time NCAA reps will be answering questions in a court with regards to brain injuries, their knowledge of CTE and whether information was concealed with regards to the potential for danger.

A landmark moment in sporting history

Debra Hardin-Ploetz, the plaintiff in the case, is the widow of Greg Ploetz. Ploetz was a linebacker and defensive tackle for the University of Texas, playing from 1968-1972. He died in 2015, and Boston University neurologists spent time looking at his brain. They found that he suffered from the ‘most severe’ form of CTE, and that this played a major role in what killed Ploetz.

Suffering from major symptoms including aggression and severe confusion, he eventually lost the ability to respond to questions outside of single answer response, and he needed full-time medical care.

Suing for $1m on the grounds of negligence in warning or protecting Ploetz and those like him about CTE, and also for wrongful death – a negligence claim made specifically about the case of Greg Ploetz.

While the NCAA argues that Ploetz was aware of the dangers of contact sport that they are not responsible, the argument is different. Indeed, there was no public policy during the time when Ploetz played: no rules existed either about what colleges had to tell players. While today such plans would be needed to help offer care for any concussed athlete, back then there was no such treatment plan in place.

They also must now sign a waiver, saying that they understand that this particular sport leaves them with the chance for severe head injuries. The addition of knee pads, shoulder pads, mouth guards and helmets are also mandatory now, as part of the National Operating Committee on Standards for Athletic Equipment procedure.

Naturally, this case will play a determining role in what happens in the future with many athletes previously impacted.