MyPhillyLawyer announces a significant settlement and jury verdict in Delaware County

PHILADELPHIA, PA, March 27, 2014 (Press-News.org) The attorneys at MyPhillyLawyer have obtained a combined settlement and award of $1,100,000 in a premises liability case that involved two defendants, a binding arbitration, a trial, and the use of experts.

The Facts
The facts of the case are:

On June 24, 2010, a 69-year-old widow was struck by a falling tree as she walked across the parking lot of the Ridley Park Swim Club. Maryann Dunlap suffered fractures to her right hip and knee when the tree fell from an adjoining property onto the club parking lot.

She underwent a hip replacement and was fitted with a knee brace to promote healing in anticipation of an eventual knee replacement. More than a month after the accident, she was released from Taylor Hospital in Ridley Park to a rehab facility where she remained until October 9, 2010. She then lived with one of her daughters while rehab continued.

The Case
Ms. Dunlap called MyPhillyLawyer 20 days before the statute of limitations would have expired and stopped her from ever taking legal action. The law firm filed suit against both the swim club and the owner of the tree. The claim against the owner of the tree was resolved through binding arbitration that resulted in $350,000.00 award. However, the swim club declined to participate in the arbitration, and the case moved to trial in the Court of Common Pleas of Delaware County, where the swim club continued to refuse to admit responsibility, offering only a token $25,000 after the trial against them it had begun. The club argued that it was not responsible because the tree was not on its property and that any inspection that the club conducted was reasonable.

The Experts
MyPhillyLawyer presented several experts who added to the value of the case, including a certified arborist and a facilities and property management expert. The latter testified that the standard of care for property owners such as the swim club was to inspect not only its own property but also off-premises situations that could affect people invited onto its property as part of the operation of the business or organization. The tree, although not on the club property, could clearly affect people using that property, such as Ms. Dunlap and her grandson, who was with her when the tree fell. The property owner at the very least is required to warn those who might be affected, such as visitors to the swim club property, of the existence of the dangerous condition.

Another expert, the certified arborist, testified that the tree that fell on Ms. Dunlap had been dead for years and that an arborist would have recognized the danger to those in the parking lot of the swim club. The expert also testified that there were other trees in similar condition on the adjoining property.

The expert also noted that the many grape vines growing on all the trees created an obvious hazard, even if the fact that many of the trees were dead might not have been seen by a lay person. The tremendous weight of the vines was enough to pull the trees over. In fact, he believed that the tree that hit Ms. Dunlap was pulled over by the vines.

Armando Mendez, M.D., Ms. Dunlap's treating orthopaedist, testifying via video, described in detail the hip replacement surgery necessitated by the traumatic injuries as well as the fracture of her knee.

The Defendant at Trial
Although the swim club refused to participate in the arbitration and denied responsibility, the president of the club admitted that he knew the vines were a danger to the trees, but the club also admitted that it had never consulted an arborist to inspect the trees and had never taken steps to close off the section of the parking lot where people visiting the club might be injured by those trees. The club also never posted warning signs informing visitors of the potential danger.

The Jury
The jury deliberated for two hours, finding in favor of Ms. Dunlap. It awarded her $750,000 as compensation for her injuries and other damages. In his charge to the jury, the judge noted that Ms. Dunlap met the legal definition of a business invitee and was not herself negligent in her use of the swim club parking lot.

The Lawyer
The case was tried by Attorney John Lord on behalf of the firm. Managing Partner Dean Weitzman said, "He really did an extraordinary job of representing Ms. Dunlap."

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.