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Fla. Construction Co. Must Face Suit Over Worker's Fall Injury A Florida appeals court on Friday revived a suit seeking to hold a construction company liable for injuries a subcontract worker sustained after he fell into an uncovered drain at a parking garage construction site, saying the trial judge erred in tossing the suit because the drain was an "open and obvious" hazard. A three-judge Second District Court of Appeal panel reversed a summary judgment ruling in favor of M...arzucco's Construction & Coatings Inc. in a suit accusing the general contractor of causing subcontractor electrician Jonathan Pratus to suffer injuries after he stepped into an uncovered drain located in an exterior stairway landing at the parking garage construction project site. The worker claims Marzucco's breached its duty to maintain a safe premises by leaving the drain uncovered and failing to warn him regarding the dangers of an uncovered drain. He said that on previous days when the drain was left uncovered, the company put caution tape on the door to the landing, but on the day of the incident, there was no such tape, according to the opinion. The Lee County judge granted the company summary judgment, reasoning that the uncovered drain was an open and obvious hazard and that Pratus should've been aware of its presence and avoided it. The panel disagreed, however, saying that although the presence of the drain was obvious, there is a factual dispute as to whether the dangerous condition of it being left uncovered was obvious on the day of the incident. "The only evidence before the trial court (Pratus's deposition testimony) established that the drain was sometimes covered and sometimes uncovered," the panel said. "There is no evidence that Pratus knew the drain was uncovered on the day of the accident. And it would not have been unreasonable for Pratus to assume that the drain was covered since the caution tape had been removed from the door leading to the drain." In addition, the panel said, even if the dangerous condition of the drain was open and obvious, the company failed to conclusively establish that the hazard's potential to harm Pratus was not foreseeable. "Marzucco neither made nor attempted to make any such showing, and genuine issues of material fact remain as to whether Marzucco breached its duty to maintain the premises in a reasonably safe condition," the opinion states. The appeals court said the trial judge erroneously concluded that Marzucco's was relieved of fulfilling its duty of care to Pratus because the worker was aware of the drain but failed to avoid it. "To the contrary, Pratus's knowledge merely created a fact issue for 'the jury as part of its comparative negligence determination,'" which apportions fault among the parties, the panel said.

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An automobile accident brings with it a host of questions. Who is at fault? Who pays for damage to my car?... Who will pay for my medical bills? How much should I get for pain and suffering? Can I ask the insurance company to reimburse me for lost wages? An experienced injury attorney can be extremely helpful in negotiating the often chaotic and confusing world of insurance claims and settlements. We work on a contingent-fee basis, and only get paid if there is a successful resolution to your claim, there is often little incentive to try to handle these types of claims on your own, unless no injuries or serious damage were involved and a settlement would be very small. If you're injured in a car accident, then hiring a lawyer will almost always ensure a much better settlement. Having an attorney who is knowledgeable about the law evens the playing field, especially when you are going up against the experience and vast resources of a large insurance company. For More Information and a Free Consultation please call (855) 497-2326 or visit us online at www.AdamThompsonLaw.com

Va. Atty, Lawmakers Seek To Abolish Med Mal Damages Cap An attorney best known for representing Paula Jones in her sexual harassment suit against President Bill Clinton is spearheading efforts to overturn Virginia's cap on medical malpractice damages, but attorneys are divided on whether the campaign will prove successful, given a long-standing agreement between rival groups on the limit. Virginia state Sen. Bill Stanley, a Republican, on Wednesday formally introduced S.B. 11...Continue reading

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Juul Not Likely To Escape Employee's Refreshed NDA Fight A California federal judge said during a hearing Thursday he's inclined to leave mostly intact an amended complaint brought by a former Juul Labs Inc. manager alleging the e-cigarette giant uses nondisclosure agreements to stifle whistleblowing, saying the ex-employee's second go-round is specific enough to survive dismissal. U.S. District Judge Edward M. Chen said, prior to hearing arguments, that he intends to largely...Continue reading

Insurer Ducks Coverage Of Exploding Vape Suit A Missouri federal judge freed Scottsdale Insurance Co. from covering a chain of electronic cigarette stores in a customer's personal injury suit over an exploded vape battery, finding the alleged injuries are excluded by the policy. U.S. District Judge Roseann A. Ketchmark ruled Tuesday that Scottsdale has no duty to defend or indemnify Aqueous Vapor LLC after the company's e-cigarette battery exploded in a customer's pocket and ...allegedly caused injuries. "The court found the products-completed exclusion precluded coverage and that Missouri courts have routinely found exclusions with nearly identical language unambiguous," the judge said. Last January, Adam Williams of Jackson Country, Missouri, sued Aqueous Vapor in Missouri state court, alleging injuries resulting from an allegedly defective e-cigarette device, an e-cigarette battery and other parts that exploded in his pocket on Dec. 8, 2019. After Aqueous notified Scottsdale of the suit, the carrier denied coverage and subsequently filed a suit against the vape seller and Williams, seeking a declaration that it does not owe either defense or indemnity regarding the underlying action. According to the suit, the policy covers bodily injury and property damage of any "insured" caused by an "occurrence" at Aqueous' stores. However, the policy's "products-completed exclusion" exempts losses from Aqueous' products that occurred away from Aqueous' stores. The policy also bars coverage for injuries resulting from "tobacco or nicotine product." On Tuesday, Judge Ketchmark said the battery Williams bought exploded outside of Aqueous' stores and that Williams' injuries were allegedly caused by Aqueous' products, so there is no coverage as the policy expressly excludes losses from Aqueous' work and products. Williams has previously claimed that such interpretation would render the policy illusory, arguing that a commercial general liability policy is "to protect the insured against losses to third parties arising out of the operation of the insured's business." Judge Ketchmark disagreed on Tuesday, saying "Missouri also recognizes that [commercial general liability policies] are not intended as a guarantee of the quality of an insured's product or work." "Because the injuries arose out of a defect in Aqueous Vapor's product, Williams' argument is unpersuasive" he added. The judge also rebuffed Williams' contention that Scottsdale must defend him in the underlying action as required by the Missouri Merchandising Practices Act since Aqueous allegedly misrepresented its product. "Scottsdale has shown the products-completed exclusion bars coverage for the alleged injuries," he said, "Thus, even if the alleged negligent misrepresentations were an occurrence under the policy, they would be excluded from coverage." Representatives for the parties could not be immediately reached for comment.

If you slip and fall in a store, it's important to report the accident to a manager or employee, even if you don't think you were seriously hurt. The extent of your injuries is not always apparent immediately after an accident, and reporting your fall should produce documentation that could be helpful evidence in the event that you bring a personal injury claim.