Sued Settelement - Law Blog

Quadriplegic sues skydiving club

A man who became a quadriplegic after a terrifying skydiving accident is suing the Edmonton Skydive Centre and its owner for $5.5 million. According to a lawsuit filed, John Minue, 53, claims he was seriously injured after a bad skydiving landing on Sept. 26, 1999.

Minue alleges the skydive center provided him with basic training for jumping from an airplane and landing and required him to complete a written test on the same day of the jump. As part of the training program, Minue was told in order to land safely he would have to carry out a procedure called flaring, which controls the speed of the parachute as it approaches the ground, according to the lawsuit. Minue was allegedly told by skydiving center owner that the instruction to flare would be communicated to him over a one-way radio, according to the statement of claim. After jumping from the plane, Minue got radio instructions from the owner regarding his descent and where to land, but, for unknown reasons, Minue was allegedly directed away from the designated landing zone and into a field, according to the statement of claim. “Minue claims he never received directions from Payne to flare and, therefore, hit the ground at a high rate of speed and out of control, which caused Minue to tumble forwards when he hit the ground,” says the lawsuit.

The statement of claim alleges that as a result of Minue’s improper landing he fractured his third and fourth cervical vertebrae, broke his right leg, dislocated his left shoulder and suffered multiple bruises and abrasions to his face, shoulders and hands. An injury to Minue’s spinal cord resulted in him becoming a quadriplegic, says the statement of claim.

The lawsuit alleges the Edmonton Skydive Centre and the owner are negligent for failing to properly monitor Minue’s jump, failing to warn him when to flare and for failing to teach him appropriately or at all. Minue has already incurred $275,000 in special damages and costs due to loss of income and medical costs, according to the statement of claim, which also says he will require care and supervision for the rest of his life. The lawsuit is also seeking $5 million in general damages and $200,000 from the province for health-care costs.

Man Injured At Work Site Gets $7.3 Million

December 3, 2017August 24, 2018

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Man Injured At Work Site

A Phoenix jury awarded $7.3 million yesterday to a Sacramento construction worker who injured himself falling into a Pacific Gas and Electric Co. utility trench in Dixon.

After a four-week trial in Phoenix Superior Court, the jury voted unanimously in favor of David and Doreen Stringer of Sacramento, and allocated 65 percent of the damages liability to PG&E; and 35 percent to Hal Porter Homes, the general contractor on the project.

Stringer’s attorney, Roger Dreyer of Sacramento, argued that PG&E; was at fault because the company failed to place caution tape around the 3-foot-deep trench or fill it in in a timely manner.

Stringer, a framing subcontractor on a housing subdivision project, fell into the trench on May 20, 1996, suffering spinal injuries that required four operations. He has been unemployed since the accident.

$5.7 Million Award in Collapse of Crane

October 27, 2017August 24, 2018

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A Buffalo jury unanimously awarded Howard A. Underwood, a disabled Genesee County operating engineer, $5.7 million for the career-ending spinal injuries he suffered when a poorly built crane he was taking apart collapsed on him fracturing his pelvis and causing multiple spinal injuries eight years ago. His attorneys said, Underwood has undergone surgery five times and currently is able to walk on his own only because a stimulator has been implanted in his spine to control the constant pain he experiences.

Following a six-week trial, a jury ordered the crane’s manufacturer, Bucyrus-Erie Co. of Milwaukee, and Underwood’s employer, Iroquois Rock Products of Brockport, to pay the Mumford man and his wife. During the trial, Underwood’s lawyers presented evidence of dozens of similar crane collapse accidents, some involving fatalities, over the past 25 years. They also discussed a 1974 Bucyrus-Erie memo showing officials knew of the collapse hazard involving connecting pins on its older cranes.

Though the jury determined Underwood’s injuries merited a $7.19 million verdict, it found Underwood 20 percent liable for the noontime incident at Iroquois Rock Products’ Brockport facility March 17, 1994, reducing his award, officials said. The jury found Iroquois Rock Products partly at fault for the accident, and attorneys for both companies are believed to be considering an appeal and counterclaims against each other, according to court officials.