Personal Injury Case Law

Ski Injury Plaintiff’s Case Dismissed for Lack of Causation, a Critical Element in Any Negligence Case

December 10, 2015 | Lebowitz & Mzhen

Earlier this month, the Second Circuit Court of Appeals decided a case that was brought by a man who was injured while skiing in Vermont. The allegations were that the ski resort was negligent for allowing “jumps” to be built on its terrain, which caused the plaintiff’s injuries. The court ultimately determined, however, that the plaintiff failed to submit adequate proof that the ski resort’s negligence in allowing the jumps to be present was the cause of the plaintiff’s injuries.

The Facts of Gemmick v. Jay Peak, Inc.

In the case, Gemmick v. Jay Peak, Inc., the plaintiff was skiing with his daughter. Toward the end of the run, the plaintiff’s daughter stopped to look for her father but couldn’t find him. As it turns out, a ski patroller found the plaintiff disoriented and combative midway up the hill. The plaintiff was treated for “fractures to his left ribs and left transverse processes.”

The plaintiff could not recall what exactly had happened. However, his daughter recalled seeing a ski jump to the left of the trail near where he was injured. This led both father and daughter to conclude that another patron went off the jump and collided with the man.

Maryland Court Finds Government Employee’s Immunity Was Waived Based on Allegations of Gross Negligence

August 6, 2015 | Lebowitz & Mzhen

Earlier last month, the Court of Appeals of Maryland decided a case that may have lasting effects on the landscape of personal injury cases brought against government officials. In the case of Cooper v. Rodriguez, the court determined that the normal official immunity that all government employees enjoy was waived because the employee was acting in a grossly negligent manner at the time of the accident.

According to court documents, the plaintiffs in the case were the parents of an inmate who was brutally murdered while on a prison bus. The murder occurred in front of several correctional officers, who allegedly failed to stop the acts of violence. Evidence presented at trial suggested that there were several violations of Department of Corrections policy on the day in question, including too few correctional officers on the bus at the time of the murder and improper use of the three-point harness to secure the inmate who allegedly killed the other inmate. Despite the murder occurring less than eight feet from the correctional officer, he claimed to have failed to have seen anything.

The Case Against the Correctional Officers

The deceased inmate’s family filed suit against a number of parties. Most relevant to this case was the lawsuit against one of the correctional officers, Cooper, who was in charge of the inmate who allegedly murdered the plaintiffs’ son.

Student Loses Slip-and-Fall Against School for Failing to Prove School’s Negligence

February 17, 2015 | Lebowitz & Mzhen

Earlier this year, the Wyoming Supreme Court heard a case brought by an eighth-grade student against her middle school. The student, who slipped and fell while changing after a mandatory swimming class, claimed that the school was negligent “in the operation and maintenance” of the school’s locker room, where the accident occurred. After the fall, the girl was diagnosed with disc herniation in her lumbar spine and had to undergo three corrective surgeries as a result.

According to court documents, the girl pointed to the inadequate draining in the shower area as evidence of the school’s negligence. Evidently, the drain was backing up, and water from the shower area spilled over into the changing area, where the girl slipped as she approached a friend to borrow a comb.

The School’s Response to the Lawsuit

In response to the allegations brought forth by the girl, the school claimed that it was not negligent in failing to maintain a safe locker room. Specifically, the school claimed that it could not be held liable for the dangerous condition (the slippery floor) because it had no notice that the condition existed in the first place. Alternatively, the school claimed that it was immune from suit under local Wyoming law.