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Recently, it was announced that the state dismissed a lawsuit filed by an Irvington School Board teacher against the local school district. The lawsuit was filed by a special education teacher who claimed she sustained grievous injuries in an attacking leveled by one of her students several years ago. Special education students are often bused into Irvington School District in an effort to improve the education of children with special needs. Often, these students are prone to expressing extreme outrage and temper tantrums that place both students and staff at risk.
According to documents that were filed, that is exactly what happened to this special education teacher. The teacher claimed that she suffered an elbow injury at the hands of one of her students. According to her, this injury caused not only physical distress but also emotional and psychological trauma as well. The lawsuit claimed that the school district was liable for her injuries and was seeking compensation for the trauma she endured.
In extensive court filings, which included emails between this teacher and the school board, the teacher warned the school district about the temper tantrums this student was prone to expressing. The teacher also expressed fear for both the safety of staff and students because of this one student’s emotional lability. She claims that, despite the extensive email warnings, the school failed to take sufficient action to protect its students and staff from harm.
In contrast, the school district attorney claimed that the district was not liable for the injuries and further distress suffered by the teacher because the injuries and any complications stemming from the injury were related to work. Therefore, they were covered under the worker’s compensation agreements and statutes that this teacher presumably sought. In his decision, the state Supreme Court judge expressed his agreement with the argument put forth by the school district, saying the case was not properly before the court and would be dismissed.
The legal counsel for the teacher expressed his disappointment. He stated that he had hoped the court would see the case his way but that he was not done yet. He was discussing other options with his client, who continues her pursuit of compensation.
A Londonderry woman who tripped and fell at the Stumble Inn three years ago has filed a lawsuit in the Rockingham County Superior Court against the bar and grille and its landlord, the B-Saini Group LLC.
According to the court documents, the plaintiff, Brittany Pescia, visited the Stumble Inn on April 8, 2016, at around 9 p.m. Pescia was walking towards the entrance just as two unnamed men were exiting. The suit alleges the men were engaged in a fight at the time of the incident.
Pescia alleges the Stumble Inn’s entrance was too narrow and did not allow Pescia and the two skirmishing men to simultaneously enter and exit. So as Pescia got closer, she was pushed, lost her balance, and fell to the ground.
The court documents allege that this fall resulted in Pescia receiving a cerebral concussion, mild traumatic brain injury, a spinal injury, and suffering long-term post-concussion syndrome. These injuries also forced Pescia to take time away from work and resulted in her losing a significant portion of wages.
The fall and the resulting injuries, the suit alleges, were largely caused by the bar’s negligence to fail and provide a proper entrance and exit area. The lawsuit alleges the bar and landlord failed to provide an adequate warning with signs alerting customers of the ”hazardous condition” via visual cues. The suit continues to allege they were likewise negligent in their failure to construct or provide a ramp and/or handrails in the area that she fell and was hurt and that such a failure to do so violates building and safety codes and standards.
The suit continues to allege that the bar, which had prominent signage declaring “Soup of the day is whiskey” was negligent in allegedly serving alcohol to a “person or persons who were intoxicated and/or showed signs of intoxication normally associated with the consumption of alchoholic beverages.”
Pescia filed this suit thorough Derry attorney Andrew D. Myers. It seeks a jury trial and does not list a specified amount of damages. The bar and its landlord group have not yet filed a response to the suit nor have they made a public statement refuting the aforementioned allegations.
Two years ago, Jeffrey Makuch, 66, skid and fell while enjoying a round of cornhole at the Spirit of Norfolk. Jeffrey, who hails from NY, then filed a lawsuit claiming that the owners of the contemporary boat were to blame for the mishap. In his lawsuit, the prosecution claimed that Makuch suffered several unspecified injuries, some of them being severe.
$373,456 in Damages
Jeffrey’s lawyers were seeking compensation of around $373K to offset the damages and to pay the legal fees arising in the lawsuits. In their argument, the prosecution claimed that the boat’s management failed to inform their passengers, especially the senior citizens that it wasn’t safe for them to play on the decks.
Both, Jeffrey’s attorney and a representative of the owner of the contemporary boat refused to give any comments on the issue. The Spirit of the Norfolk is a majestic boat that cruises up and down the Elizabeth River while entertaining guests. This boat underwent a massive renovation job in 2016 that cost $1.2 million.
The boat is such a Norfolk treasure that the entire elite community came out to celebrate the re-launch of the new Spirit of Norfolk. The governor and the mayor of Norfolk led the house full of guests in tossing for the great development touching their town.
In the lawsuit, the events leading to Jeffrey’s accident were brought to light. It all started when Jeffrey boarded the boat that was by then docked at the Town Point Park. Once inside the Spirit of the Norfolk, the 66-year-old male proceeded to the upper decks. Jeffrey observes that the boat’s upper deck was very hectic to walk by due to the crowded furniture occupying this space.
Slip and fall
It was during his walk to the top decks that an on-going game of cornhole caught Jeffrey’s attention. The plaintiff took a beanbag, and as he was tossing it, he slipped and fell on what we’re supposed to be antiskid decks. According to expert investigators, the plaintiff didn’t know that by effectively shifting his weight while tossing the beanbag, he would slip and hurt himself badly.
What’s more, slipping and falling was completely out of the question as the boat management claimed that the decks had a very high friction coefficient. Jeffrey Makuch was represented by the respected Norfolk-based attorney, Edwin Booth.