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Jury: Company not to blame for woman’s slip

Discussion in 'Commercial Snow Removal' started by ECS, Feb 2, 2008.

  1. ECS

    ECS Senior Member
    Messages: 485

    Jury: Company not to blame for woman’s slip

    By Amanda H. Miller, Jackson Hole, Wyoming
    February 2, 2008

    A jury decided quickly Wednesday afternoon that the owner of an apartment complex was not responsible for a woman’s injury when she fell in its parking lot.

    The 12-person jury deliberated for only 30 to 40 minutes before retuning a verdict that Four Lazy F Ranch, which owns and operates Blair Place Apartments off South Park Loop Road, was not negligent or responsible in a woman’s fall last winter.

    Joanne Villany-Welch and her husband, Floyd Welch, sued the company for medical bills, loss of wages, pain and suffering, disfigurement, scarring and emotional distress.

    They claimed that Four Lazy F was responsible for plowing and maintaining the parking lot at Blair Place Apartments, but that the company did a poor job and left too much ice on the pavement.

    Villany-Welch slipped on the “unnatural amount of ice” outside her passenger side door when she was getting into the car last winter, according to court records. She fell and broke her elbow.

    She argued that the company was at fault. The jury found otherwise.
  2. ford6.9

    ford6.9 Senior Member
    Messages: 452

    thats really nice to hear. makes me feel safe deep down....:rolleyes:
  3. dakotasrock

    dakotasrock Senior Member
    from MN
    Messages: 260

    thank god. Hopfully that'll shut her up for a while.
  4. Ramairfreak98ss

    Ramairfreak98ss PlowSite.com Addict
    Messages: 1,872

    i know right.. What always kills me, if they have the idea that they "think" its dangerous out and that they "can" possibly fall, why take the risk? You go outside in poor conditions, fall because your a stoopid shiat, and then blame someone else because you fell on ice? HELLO, there is ice all over the place, even the best of us cant get it all when there are seriously bad conditions out. Just hope you have everything documented well like amount of salt spread at what time etc. With that, you or your insurance company has a good defense when someone sues you for "neglect" , obviously thats not the case when you can prove you did all that you could when you salted with XX amount 30 minutes prior to the jacka$$ breaking her elbow. she should sue god under the acts of moronic nature clause.:realmad:
  5. derekbroerse

    derekbroerse 2000 Club Member
    Messages: 2,377

    What is an "unnatural amount of ice"????

    Did someone see her coming and pour a bucket of water outside her car door?

    She got exactly what she deserved. Absolutely nothing.
  6. merrimacmill

    merrimacmill PlowSite.com Addict
    from MA
    Messages: 1,822

    Its always amazes me that these lowlifes feel the need to sue any chance they get. I have slip and fell plenty of times and wether I got hurt or not, suing never even crossed my mind. Some old women hit me in her car when I was younger and I was in the hospital for a couple weeks and I didn't even sue. The way I see it is, what goes around comes around. And I really don't want to get sued so I would never sue anyone for something as simple as a slip and fall. You would think that living in a climate that has snow and ice, people would take on the responsibility of knowing that theres a possibility of ice or snow anywhere. I really hate when people feel the need to blame everyone else for their own stupidity. If they simply look at the ground, they should know that it is an icy surface and they should be able to determine wether or not its a good idea to walk on it. Sry, just venting here.
  7. iceyman

    iceyman 2000 Club Member
    Messages: 2,521

    hopefullyy her blood froze to the ice...:D

    p.s. is that wrong to say
  8. LoneCowboy

    LoneCowboy PlowSite.com Addict
    Messages: 1,760

    Of course, that verdict was in Wyoming. People in Wyoming (most of the west and Kali doesn't count) believe in self-sufficiency. I doubt this would happen back east or Chicago area.
    Jury of Peers indeed
  9. tawilson

    tawilson Senior Member
    Messages: 218

    She should have just turned in a claim to her car insurance.
  10. kcplowmata

    kcplowmata Senior Member
    from kc
    Messages: 174

    thats just bull turds........... that plow guy should be poor now and paying all her bills. what kinda of jury did they have. haha joking
  11. Jello1

    Jello1 Senior Member
    Messages: 267

    Good to hear. I hate useless lawsuits.
  12. montanag

    montanag Member
    Messages: 53

    I guess I'm going to be going upstream here with my thoughts, but...... I'm glad the owner's were found guiltless, IF in fact, this was beyond their control, and the amount of ice was consistent with what should have been expected. BUT, I personally hate hearing about slip and falls, it's the part of this job that gives me the most amount of stress. Freeze thaw cycles on areas consistently in the shade, melting roofs without gutters dripping onto walks that never can seem to get enough calcium chloride. It sucks. When somebody breaks a bone, is physically hurt at a property, I feel for them. And, I can see that if they saw a patch of ice right where they fell, they might consider coming after a property owner. I don't know the whole story, but I don't think the woman is deserving of what she got just because of how she tried to get help with her medical bills and suffering. My $.02

  13. tuney443

    tuney443 PlowSite.com Addict
    Messages: 1,847

    Glad to hear that common sense still does sometimes prevail.After making my world a little safer during Friday's freezing rain---sanding off and on trying to keep up with the rain washing it away,freezing,etc.,I step out of my truck at my friend's house and immediately go down on my keister right in a big puddle of water on top of the ice.

    DAFFMOBILEWASH PlowSite.com Addict
    Messages: 1,581

    The court system should make the lady who fell pay the lawers fees for the snow plow operator. (since we will) It is stuipid people like her which makes liability insurance pricing so high.:gunsfiring: For the poeple who fall it is a win win situation. That is why everyone is sue happy, they have nothing to loose because they have nothing!! :nod:Its like playing and trying to win the "auto lotto".

  15. KLC99

    KLC99 Senior Member
    Messages: 160

    Slipped "while she was getting into her car". Sounds like the car was parked there during the snow/ice and she expected whoever took care of the parking lot to get out of the truck and throw salt down in between and under all the parked cars. I bet she would be mad if she heard salt pinging off the side of the car when the salt truck passed by too.:realmad:
  16. Runner

    Runner Senior Member
    Messages: 957

    First, nothing was ever mentioned about a plow operator.The suit was against the owners of the apt. complex. In all actuality, the property owner IS liable to maintain reasonably safe conditions for it's residents and clientele. We would have to know the facts of the case. Was it an ongoing existing condition, or had it just been taken care of? Was there existing weather conditions that could have caused this (still snowing)? There are alot of factors to consider. Another thing to consider is that this (type of verdict) doesn't happen every day. Most ANYWHERE else, the verdict would have gone the other way, as it usually does. More times than not, the insurance co. compromises before it reaches this, though.
    One of the largest factors you can contribute to this sue happy society we have, is all the television advertising ambulance chasing law firms that prey on this type of thing. No, their not doing all the suing...there are thousands of other, but this is all sensationalized with the tv ads. Don't believe me? Just watch any episode of these daytime mello-drama court shows (that make a mockery of our real courts, by the way). Every 6 minutes there is another ad by some attorney's firm promising to get you a half million dollars for slip and falls and dogbites. Between Sam Bernstein and Call Lee Free, it's no wonder that these welfare collecting, sit at home on the couch all day types are hunger for an eager buck. But we can't call right this minute....only after this episode of jerry springer is over.....