Case Summary
Fowler | Helsel | Vogt secured a settlement of $420,000 on behalf of our client. The settlement resulted from a bicycle crash where a low rope was left out on a bike trail following a cross-country race causing our client to be thrown from his bike.
Facts of the Case
Our Client was riding his bike around a public park following a cross-country championship track meet. The Cross-Country event had completed but the organization had failed to remove the stakes and the rope that had been strung across this particular path. Our client was wearing an helmet and traveling approximately 15 mph when he was suddenly “clotheslined” by the rope causing him to fly over his handlebars and strike his face and hands on the asphalt below.
Treatment
Our client suffered facial abrasions, a broken tooth, and a radial head fracture. He underwent oral surgery and wore a splint to heal his fracture for several weeks.
Legal Strategy
Fowler | Helsel | Vogt faced the difficult challenge in arguing negligence against a scholastic organization and public park regarding the “dangerous condition” in the bike path. Tailored document requests allowed our office to find numerous errors in breaking down the event and negligence in failing to ensure all obstacles were out of the road or properly blocked off.
Settlement Terms
Fowler | Helsel | Vogt successfully negotiated payment of $420,000 from the Defendant compensating our client for his injury and his pain and suffering.
Conclusion
Premises liability claims against scholastic organizations are very difficult and require proof of notice and analysis of what constitutes a “dangerous condition” of public property. This case forced Fowler | Helsel | Vogt and our team to gather all of the information surrounding the event and inspect the scene to find out what happened and why. Once the facts were uncovered, the argument of negligence was successful.
Every case is different. The results shown here reflect the specific facts and circumstances of each matter and do not guarantee or predict a similar outcome in any future case.
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