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  1. #1
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    Aug 2003
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    Woman gets $125,000 in Duluth 'bubble trial'

    Woman gets $125,000 in Duluth 'bubble trial'

    Attorney Robert Boedigheimer said he'll always remember it as "the bubble trial." He'll also be able to remember it as a trial he won for an Eveleth woman.

    A St. Louis County jury deliberated for more than nine hours Friday before finding the city of Duluth negligent for injuries that Kathy J. Kelly received when she fell into Canal Park's Fountain of Wind on July 7, 2001.

    The jury determined that the city was 70 percent negligent and Kelly 30 percent negligent for her leg injury, resulting in an award of $125,060.86 for the plaintiff.

    A prankster had put up to five gallons of dish soap in the fountain, creating a mountain of soap bubbles 8 feet high and hiding the fountain.

    Boedigheimer argued at trial that the city was notified of the soap bubbles by a phone call from a private citizen at 5:41 a.m., and didn't take any action to clean up the hazard before Kelly fell 4 hours later.

    "Generally, my client is elated, pleased," said Boedigheimer of Bloomington, Minn. "The fact that the verdict is favorable somewhat vindicates her."

    Kelly could not be reached for comment.

    Kelly, 57, a licensed practical nurse, sued the city, claiming it was negligent by failing to provide a safe condition around the fountain and the sidewalks abutting it.

    Kelly is a diabetic. She sustained a laceration to her left lower shin and developed a large gangrene infection. Her attorney said Kelly needed skin grafts and was in danger of losing her leg. There is scarring where the injury occurred. Measures taken to save Kelly's leg resulted in $43,000 in medical expenses, her attorney said.

    http://www.duluthsuperior.com/mld/du...ws/8254366.htm

  2. #2
    Join Date
    Aug 2003
    Posts
    886
    Quote Originally Posted by Casshew
    Woman gets $125,000 in Duluth 'bubble trial'

    Attorney Robert Boedigheimer said he'll always remember it as "the bubble trial." He'll also be able to remember it as a trial he won for an Eveleth woman.

    A St. Louis County jury deliberated for more than nine hours Friday before finding the city of Duluth negligent for injuries that Kathy J. Kelly received when she fell into Canal Park's Fountain of Wind on July 7, 2001.

    The jury determined that the city was 70 percent negligent and Kelly 30 percent negligent for her leg injury, resulting in an award of $125,060.86 for the plaintiff.

    A prankster had put up to five gallons of dish soap in the fountain, creating a mountain of soap bubbles 8 feet high and hiding the fountain.

    Boedigheimer argued at trial that the city was notified of the soap bubbles by a phone call from a private citizen at 5:41 a.m., and didn't take any action to clean up the hazard before Kelly fell 4 hours later.

    "Generally, my client is elated, pleased," said Boedigheimer of Bloomington, Minn. "The fact that the verdict is favorable somewhat vindicates her."

    Kelly could not be reached for comment.

    Kelly, 57, a licensed practical nurse, sued the city, claiming it was negligent by failing to provide a safe condition around the fountain and the sidewalks abutting it.

    Kelly is a diabetic. She sustained a laceration to her left lower shin and developed a large gangrene infection. Her attorney said Kelly needed skin grafts and was in danger of losing her leg. There is scarring where the injury occurred. Measures taken to save Kelly's leg resulted in $43,000 in medical expenses, her attorney said.

    http://www.duluthsuperior.com/mld/du...ws/8254366.htm

    How do you miss an 8 foot high pile of bubbles? I would think that she deserved to fall if she walked into it myself. I hate these lawsuits where people get money for doing dumb things, like spilling coffee on yourself while driving! Duh, the coffee is HOT!!! Presumably, you wanted it that way, right? I just don't get it.

  3. #3
    Join Date
    Nov 2003
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    I felt the same way about the "coffee" case until I learned more about it. It wasn't just a matter of the woman spilling the coffee and burning her thighs. The coffee was SO hot that it burned away the flesh on her legs, right down to the bone. There are laws regarding how hot coffee served by restaraunts is supposed to be and this particular McDonalds had already been warned.

    The woman was at fault for spilling the coffee, but her injuries would not have been nearly as severe if the coffee was not above the maximum temperature allowed by law.

  4. #4
    Join Date
    Jan 2004
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    3,188
    Look at it this way:

    She got a total of: $125,060.86

    Her attorney gets a third, so she's down to: $83,373.91.
    She has to pay her medical bills/expenses out of her share, so now she's down to $40,373.91 IF there were no other expenses like court reporters, expert witnesses, etc., which come out of her share. She doesn't end up with a lot, especially if she lost work for the recovery, deposition and/or trial.