Photo: Wiklpedia commons, posted by user Юкатан - licensed under the Creative Commons Attribution-Share Alike 4.0 International
Almost two years ago, a woman named Jan Duff tripped over a speed bump in a public parking area and injured herself when hitting the asphalt.
Anyone who has ever experienced falling on concrete or asphalt understands what she felt, and it appears that her injuries were more than just a few scratches.
She filed a lawsuit against the Minidoka County Joint School District, because the incident took place in the parking lot of the Minico High School.
Apparently, the plaintiff injured her wrists and knees when hitting the asphalt, and all of those injuries led to the necessity of medical treatment, as well as pain, suffering, and mental anguish.
She also noted a decrease in the value of her life, as well as a reduction of enjoyment, coupled with inconvenience and non-economic damages.
Mrs. Duff’s legal representatives claim that the local administration, who is responsible for the Minico High School parking lot, as well as the corresponding speed bumps, was aware that those elements posed a trip hazard.
Apparently, the speed bump was in the same color as the paved surface, and it was at the exit of the stadium, which has intensive pedestrian traffic.
The area in question is described as "poorly lit," which could be one of the reasons why that particular bump in the pavement was not visible for the plaintiff, as we understand from the report on Magic Valley.
The extent of the damages requested by the Duff family, along with the situation of the civil lawsuit has not been made public. Regardless, we do know that a status conference will take place on June 12, 2017, in front of Minidoka District Judge Jonathan Brody.
It will be interesting to observe how this case will turn out, because it has the position of setting a precedent. There’s a chance that the plaintiff will be told that walking poses the risk of tripping and falling.
However, the legal system might determine that the area was in fact poorly lit and a danger to pedestrians, which could bring the decision of paying damages to the plaintiff from Twin Falls (Idaho).
She filed a lawsuit against the Minidoka County Joint School District, because the incident took place in the parking lot of the Minico High School.
Apparently, the plaintiff injured her wrists and knees when hitting the asphalt, and all of those injuries led to the necessity of medical treatment, as well as pain, suffering, and mental anguish.
She also noted a decrease in the value of her life, as well as a reduction of enjoyment, coupled with inconvenience and non-economic damages.
Mrs. Duff’s legal representatives claim that the local administration, who is responsible for the Minico High School parking lot, as well as the corresponding speed bumps, was aware that those elements posed a trip hazard.
Apparently, the speed bump was in the same color as the paved surface, and it was at the exit of the stadium, which has intensive pedestrian traffic.
The area in question is described as "poorly lit," which could be one of the reasons why that particular bump in the pavement was not visible for the plaintiff, as we understand from the report on Magic Valley.
The extent of the damages requested by the Duff family, along with the situation of the civil lawsuit has not been made public. Regardless, we do know that a status conference will take place on June 12, 2017, in front of Minidoka District Judge Jonathan Brody.
It will be interesting to observe how this case will turn out, because it has the position of setting a precedent. There’s a chance that the plaintiff will be told that walking poses the risk of tripping and falling.
However, the legal system might determine that the area was in fact poorly lit and a danger to pedestrians, which could bring the decision of paying damages to the plaintiff from Twin Falls (Idaho).
Google News