Personal Injury Compensation

Archive for September, 2012

Woman Awarded Compensation for Falling in Office Elevator

September 20th, 2012. By Compensation News.

A woman from Jacksonville, Florida, has been awarded 13 million dollars in compensation for an elevator fall thirteen years after her accident occurred.

Janice Beasley (41) was made the award by a jury at Duval County Courthouse after a two-week trial in which the court was told how, in May 1999, Janice was a passenger in an elevator at the office building in which she worked.

The jury were told how the elevator had malfunctioned and fallen from the twenty-third floor to the eighth and how, when an elevator engineer was summoned, rather than take Janice out of the elevator, he sent the elevator – with Janice inside of it – falling down to the basement of the building.

Due to her experience, Janice suffered multiple bruising which developed into Complex Regional Pain Syndrome (CRPS) and left her wheelchair-bound with partial paralysis of her left leg. Janice was also diagnosed with Post Traumatic Stress Disorder and depression as a result of her accident.

Janice filed a claim for compensation for the elevator fall against the building´s owners Highwoods Properties Inc and Schindler Elevator Company – alleging that Highwoods were responsible for the initial malfunction and Schindler Elevator Company for her second accident.

Schindler Elevator Company did not accept liability and went to great lengths to avoid going to trial. However, after a ten-year delay in court proceedings, the case was eventually heard – leading to an award of compensation for an elevator fall against both defendants amounting to just over 13 million dollars.

Childrens Sport Injury Compensation Awarded

September 13th, 2012. By Compensation News.

A child, whose family claimed he suffered devastating injuries due to the type of bat used in a baseball game, has been awarded 14.5 million dollars in compensation for childrens sport injury in an out of court settlement.

Steven Domalewski was twelve years old when his tragic accident happened. Playing as a pitcher in a Police Athletic League baseball game in 2006, the player to who Steven pitched the ball hit it back with such force that it caused Steven to suffer a cardiac arrest when it hit him on the chest.

Despite the attentions of parents and officials, it was almost twenty minutes before Steven regained consciousness – during which time his brain was starved of oxygen, leading to him sustaining permanent and irreversible brain damage.

Steven´s family filed a claim for childrens sports injury compensation, based on the grounds that the baseball bat that was used was in the game was made of metal and, because of the additional power it provided in relation to wooden bats, should not have been used in a children´s game of baseball.

Liability wasnot accepted by Little League Baseball who sanctioned the bat as safe to use, Hillerich and Bradsby – the manufacturers of the “Louisville Slugger” metal baseball bat – and the national retailer of the bat, The Sports Authority.

However, solicitors acting on behalf of the Domalewski family claimed that – in 2008 – Little League Baseball limited the performance of metal bats used in children´s games of baseball to the same as that of wooden bats, with an eighty percent reduction in injuries to pitchers.

A trial date was set but, as opening statements were about to begin, the State Superior Court in Passaic County heard that an agreement of compensation for childrens sport injury had been negotiated between the parties and that Steven was to receive 14.5 million dollars to provide him with the care that he will need for the rest of his life.


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