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/duluthsuperior/news/8254366.htm
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/duluthsuperior/news/8254366.htm