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Big Slip and Fall Settlement

Discussion in 'Commercial Snow Removal' started by DFLS, Jan 26, 2008.

  1. DFLS

    DFLS Senior Member
    Messages: 339

  2. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,992

    The lawyer (Stunned) needs to improve his spell checker. seems strange he's confusing right and write, kinda proves lawyers don't understand right.
     
  3. v-plower

    v-plower Senior Member
    Messages: 118

  4. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,992

    Lack of insurance, so no deep pockets to pay a lawyer. the best thing about insurance is the legal back-up. Note the end of the story, the contractor lacked insurance and the plaintiffs lawyer is helping him go after a insurance company.

    If the contractor had insurance coverage to help in the defense the outcome might have been differant.

    Interesting the Bank settled seperately. Maybe the plantiff had a strong suit an if the defentant had an insurance co it might have settled for a lot less the the jury award before they ever got to court.
     
  5. Woodland

    Woodland Senior Member
    Messages: 269

    "Kosanovich can’t walk without assistance, according to the lawsuit, and has “weakened vocal abilities.” Kosanovich spent months undergoing physical rehabilitation, according to the court documents, and McMillen added that he also suffered surgery complications when he was being treated."

    Sounds like someone else is going to get sued as well...
     
  6. BREAULT69

    BREAULT69 Member
    Messages: 97

    Professional assasin- $10,000.00 (just kidding of course)
     
  7. LawnProLandscapes

    LawnProLandscapes PlowSite.com Addict
    Messages: 1,129

    what a bunch of bull s%%%.. he's 80 years old they slip and fall when there already sitting down! and people wonder why it cost so much to get health insurance and go to hospitals and why doctors charge soo much. its because they have to have such good insurance because every moron sues them because there too damn lazy to get out and earn there damn money. i can understand this guys medical expenses being paid but what the heck does he deserve 3.1 million dollars for?? how good could he actually move before said fall, and how good was his speech? sorry for the rant just get a little irritated when i just got home from busting my hump on a 12 hour shift to read this crap.
     
  8. plowman4life

    plowman4life Senior Member
    Messages: 557

    yea thats a load of bull. he fell on ice. people of that age fall on dry flooring or pavement. amd if he suffered surgical complications how do you know the the complictions are the reason for half of his problems. and 3.1million b/c you fell and busted your ass thats crap.
     
  9. NorthernSvc's

    NorthernSvc's Senior Member
    Messages: 766

    this is bull s%$ what ever happened to personal accountability. God i hate lawyers.
     
  10. JPMAKO

    JPMAKO Senior Member
    Messages: 660

    As far as I am concerned this guy should not have gotten anything!
    Any Judge in their right mind should know that if ice and or snow has fallen there is a high probability of slippery conditions and if people walk on it there is a good chance you may fall. Even after salt is applied there is still the potential for re-freeze and this freakin idiot took a chance and walked on it. STAY HOME if the weather is bad. Being a doctor he should know that a 79 year old's body does not recover from injuries as well as someone younger. This is blatant stupidity and the idiot Judge along with doctor slip and fall should be ashamed of themselves.:gunsfiring:

    Jason

    Theoretical scene-
    I clean a lot really well down to bare pavement 2 hours later when the lot is open some car runs over a snow bank and pulls some snow onto the lot.
    Some freakin Idiot walks on it because this is the fastest way to the front door to pick up the dry cleaning, they fall and bust a hip why should I be held responsible???
     
    Last edited: Jan 27, 2008
  11. iceyman

    iceyman 2000 Club Member
    Messages: 2,545

    i think the whole insurance thing is screwing this guy and the judge saw that and there railroadin him. thats the thanks he get for donating his time to the school board. i f>>>ing hate old people sumtimes.
     
  12. BREAULT69

    BREAULT69 Member
    Messages: 97

    No matter what if you own a business and a person gets hurt on that property even by their own stupidity or worse during an illegal act (breaking in). They can bring a lawsuit against the business. Paying a reasonable amount to cover medical bills etc. is just part of the game, that's why a property owner must carry insurance. As a normal business practice that insurance carrier might look to recover their loss by going after someone else (snowlow guy and his carrier). The insurance companies have all this down to a science. They know what everything is worth and how much to settle for and 90% of these things never see a courtroom. When an agreement cannot be reached and it does go to court it brings too many wildcards into play. Bad judges and jury's. This part of the system is defective, it allows emotions to dictate the outcome not just facts. Hopefully in this case the appeals process repairs the damage. In todays world we can pay our insurance, run our companies in a professional manner, and stay under an llc or corporate umbrella so when something like this happens we can just walk away and start over cuz I know I'm not gonna be writin' any $3 million checks in my future.
     
  13. Joe D

    Joe D Senior Member
    Messages: 605

    Is it possible to put signs up where you plow that state during inclamant weather entering property is at your own risk?
    Very sad he was awarded that amount of money or even any money at all. SDnow is slippery and has been since the begining of time.
     
  14. Milwaukee

    Milwaukee 2000 Club Member
    Messages: 2,180

    :realmad:

    My great grandma was 93 and she fell on her stair to ground which have ice. She was brave she still walk again no one know until we saw horrible bruise on her hand. NO one care her because she get quiet angry if we try care her. She didn't went to Hositipal for that.


    Then for that man broke back. It b.s.


    Is that Beaver in Michigan? I have see Beaver in Michigan which north and near to I75
     
  15. derekbroerse

    derekbroerse 2000 Club Member
    Messages: 2,377

    Disgusting.

    A few things haven't been made clear. DOES he have proper insurance, or not? Seems like everyone thinks he does EXCEPT the insurance company themselves. I wonder if its a case of just trying not to pay out like so many other incidents....

    Does he salt the property? If the property owner doesn't pay for it, he shouldn't be liable, period. And since the property owner already settled out of court, that should be the end of it.

    Its obviously all about greed.

    Why can't people be responsible for their own actions? I've even slipped and fallen in parking lots, suing never even crossed my mind. I hop back on my feet very quickly in embarrassment and look around to see if anyone saw me.... :cool:
     
  16. kcplowmata

    kcplowmata Senior Member
    from kc
    Messages: 174

    How was he liable. What did he do to cause the old guy to fall. He must be acting on gods behalf making snow and ice. Hmm next time it rains and there isnt a umbrella over walmarts lot ill sue for almost drowning. Fear of water cant ever bathe geeeeeeezus gotta love America and its lawyers......................................
     
  17. Tommy10plows

    Tommy10plows Senior Member
    Messages: 345

    defense costs

    This is really unfortunate. I feel terrible for the snow plow co.

    Plow men, when you get your liability insurance be sure that you have the following in your policy:

    "1. Defense costs - Defense costs are outside of the policy limits."


    that means that if you have a $1 million umbrella policy, the cost to defend you is not included in the policy limits. A big claim will eat up a fair amount of your policy limits otherwise. On that $1 million policy, $600,000 of defense costs leaves just $400,000 of policy dollars available for any judgement or settlement. I understand that 40 % of all policy coverage goes to defense costs, so you have to protect yourself.

    This provision should be in your general liability policy as well as your umbrella policy.
    Defense costs will eat up your policy limits.
     
  18. R.M Hanson

    R.M Hanson Junior Member
    Messages: 24

    3.1 million because an old man fell. Sounds sad, but it's the way things seem to be going these days. I just wish that someday I would be selected for jury duty on one of these BS cases. I'd be embarrased to even take something like that to court. Pick yourself up and move on with life. I think Iowa, (my home state) may have laws against lawsiuts like this. I know of a couple of slip and fall cases that went to trial, and the judge basically threw them out and said that "It's winter, and we get snow and ice here" Hopefully more people will use some common sence and put an end to these pointless lawsuits that cost us all in the end. Courts are for criminals, quit wasting their time on BS.
     
  19. rjfetz1

    rjfetz1 Senior Member
    from CT.
    Messages: 639

    Just one of those people who hit the road as soon as their driveway has been plowed. Probally could have waited one more day till the snow/ice in the parking lot was cleared up.
     
  20. BREAULT69

    BREAULT69 Member
    Messages: 97

    I plow a Walmart supercenter and you wouldn't believe how busy they are during a snowstorm. Even blizzard conditions don't keep people away. I get to watch some pretty good dance moves as they jump out of their cars and actually try to run to the store entrance. We gotta pour on the de-icer continually. What the hell are all these people buying that can't wait a matter of hours until the lot is plowed and de-icer allowed time to work ? Batteries for the remote, tampons, kool-aid ?? must be important stuff.