CASE: Premises Liability
FACTS/LIABILITY: The 20-year-old plaintiff is autistic and suffers from developmental disabilities. He is under guardianship and has physical and cognitive disabilities that affect his gross-motor skills, including gait and balance. He cognitively functions at the level of a six to seven year old and requires continual supervision. Pursuant to Marquay v. Eno (139 NH 708 (1995)), the plaintiff alleged that the defendant school district had an obligation to provide for his protection, and that the special relationship to students such as the plaintiff required the defendant exercise reasonable supervision based upon reasonably foreseeable risks.
There had been snowfall of approximately 4 inches ending the evening prior to the plaintiff’s injury. The defendant engaged in snow removal prior to school opening, but the sidewalk on which the plaintiff was expected to travel remained icy. The paraprofessional who assisted the plaintiff and other special-needs students exiting the school bus was aware of the icy and hazardous sidewalk. Despite that awareness, the plaintiff was permitted to traverse the sidewalk unassisted. He fell and fractured his ankle.
DEFENSE: NH RSA 507-B:2-b provides immunity to municipalities arising from hazards caused solely by snow or ice or other inclement weather, absent gross neglect or reckless disregard.
INJURIES: Distal fibula fracture and dislocation of the plaintiff’s ankle, requiring open reduction and internal fixation. The plaintiff required hospitalization and rehabilitative care along with home nursing and physical therapy.
SPECIAL DAMAGES: $35,119.97
VERDICT/SETTLEMENT: The case settled at mediation shortly before trial for a confidential amount.
PLAINTIFF’S COUNSEL: Randolph J. Reis, Esquire (Reis Law, PLLC)
NAMES/COUNTY: Anonymous v. Anonymous
Reis & Kirkland, PLLC
66 Hanover St. Suite 203
Manchester, NH 03101
Ph: 603-792-0800
FACTS/LIABILITY: The 20-year-old plaintiff is autistic and suffers from developmental disabilities. He is under guardianship and has physical and cognitive disabilities that affect his gross-motor skills, including gait and balance. He cognitively functions at the level of a six to seven year old and requires continual supervision. Pursuant to Marquay v. Eno (139 NH 708 (1995)), the plaintiff alleged that the defendant school district had an obligation to provide for his protection, and that the special relationship to students such as the plaintiff required the defendant exercise reasonable supervision based upon reasonably foreseeable risks.
There had been snowfall of approximately 4 inches ending the evening prior to the plaintiff’s injury. The defendant engaged in snow removal prior to school opening, but the sidewalk on which the plaintiff was expected to travel remained icy. The paraprofessional who assisted the plaintiff and other special-needs students exiting the school bus was aware of the icy and hazardous sidewalk. Despite that awareness, the plaintiff was permitted to traverse the sidewalk unassisted. He fell and fractured his ankle.
DEFENSE: NH RSA 507-B:2-b provides immunity to municipalities arising from hazards caused solely by snow or ice or other inclement weather, absent gross neglect or reckless disregard.
INJURIES: Distal fibula fracture and dislocation of the plaintiff’s ankle, requiring open reduction and internal fixation. The plaintiff required hospitalization and rehabilitative care along with home nursing and physical therapy.
SPECIAL DAMAGES: $35,119.97
VERDICT/SETTLEMENT: The case settled at mediation shortly before trial for a confidential amount.
PLAINTIFF’S COUNSEL: Randolph J. Reis, Esquire (Reis Law, PLLC)
NAMES/COUNTY: Anonymous v. Anonymous
Reis & Kirkland, PLLC
66 Hanover St. Suite 203
Manchester, NH 03101
Ph: 603-792-0800