Case details

No instructions given on how to use trampoline, plaintiff claimed

SUMMARY

$75000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, fracture, leg
FACTS
On Aug. 21, 2009, plaintiff Cedar Tyson, 25, an employee with the California Department of Forestry and Fire, went to a birthday party for a 3 year old at G-Force Gymnastics in Redding. While Tyson was jumping on a trampoline, she bounced off and landed on an unpadded portion of the floor, both ankles. Tyson sued Tarro Dussault and Julie Dussault, who were doing business as G-Force Gymnastics. She alleged that the defendants negligently trained, instructed and supervised G-Force’s employees. She also alleged that the defendants failed to properly maintain the area, creating a dangerous condition. Tyson claimed that she should have been instructed on how to use the trampoline by a G-Force staff member after she arrived late to the party. She also claimed she was not supervised while jumping on the trampoline and that the area where she fell should have had padding since it was foreseeable someone would land there. Defense counsel contended that Tyson assumed the risk of jumping on the trampoline and should have asked for instructions since she never used one before. Counsel also contended that the gymnasium facility was properly operated and equipped, as well as had proper supervision of the patrons., Tyson sustained to both ankles and was taken by a friend to an emergency room. X-rays ultimately revealed a fractured left ankle and a sprained right ankle. As a result, Tyson’s left ankle was casted and she began a course of physical therapy. However, when Tyson continued to complain of pain in her right ankle, she underwent an MRI, which revealed an occult fracture of the tibia with non-union. She subsequently underwent open reduction and internal fixation on her right ankle roughly one year after the accident and followed up with more physical therapy. Tyson claimed she experiences ongoing pain, discomfort and reduced mobility in her right ankle. Thus, she claimed that she may require another surgery on her right ankle due to stiffness in the chondral region. Tyson also claimed she tried to return to work at CAL FIRE, but couldn’t walk uphill and was laid off. She has since got a job with Homeland Security. Thus, Tyson claimed damages consisting of $40,000 in past medical costs, approximately $50,000 in future medical costs, $40,000 in past lost earnings, and an unspecified amount for her pain and suffering. Defense counsel ultimately did not dispute the severity of Tyson’s .
COURT
Superior Court of Shasta County, Redding, CA

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