From Saving His Wife's Life To A Bitter Divorce | Double Full Episode | Personal Injury Court

A personal injury case where Mr. Rathmell sues Lux Days Resort after being injured by a flying beach umbrella during a storm.

Ask about this video. Answers come from its transcript only — with the timestamp, so you can check them.

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Key Takeaways

Personal injury claims require proving negligence and causation despite natural events like storms.
Guest compliance with safety warnings is a critical factor in liability cases.
Assumption of risk can limit recovery when individuals ignore known hazards.
Emotional and physical impacts of injuries can affect personal relationships.
Resort management must balance guest safety with clear communication and timely warnings.

What the video covers

Mr. and Mrs. Rathmell sue Lux Days Resort and Spa for injuries Mr. Rathmell sustained during their vacation.
They seek $245,000 for past and future medical expenses and pain and suffering.
The injury occurred when a strong gust of wind sent a beach umbrella airborne, hitting Mr. Rathmell as he protected his wife.
Lux Days Resort claims they warned guests to leave the beach due to an approaching storm, but the Rathmells refused to leave promptly.
Security footage and witness testimonies are presented to establish the weather conditions and warnings given.
Mr. Rathmell describes the severity of the injury and his background as an amateur boxer to emphasize the impact.
Mrs. Rathmell, a former nurse, recounts her efforts to assist him and the delay in receiving help.
The resort defends itself by attributing the incident to natural forces and guest non-compliance with warnings.
The case explores legal principles such as assumption of risk and premises liability related to storm hazards.
The transcript also hints at personal relationship strains and a subsequent divorce linked to the incident.

Chapters

What caused Mr. Rathmell's injury at Lux Days Resort?

Mr. Rathmell was injured when a strong gust of wind sent a beach umbrella airborne, which struck him as he protected his wife.

Did the resort warn guests about the approaching storm?

Yes, the resort staff monitored the weather and instructed guests to leave the beach once the storm was confirmed, but the Rathmells did not leave immediately.

What legal principle is discussed regarding Mr. Rathmell's injury?

The case discusses assumption of risk, where Mr. Rathmell assumed responsibility for harm by ignoring warnings to leave the beach during the storm.

Full Transcript — Download SRT & Markdown

Speaker A

His personal injury court. Good day, everyone. This is the matter of Wrath Mel versus Lux Days Resort and Spa. Mr. and Mrs. Rathmell, it's my understanding that you are suing for injuries that Mr. Rathmell sustained while you were on vacation at this spa. You are

Speaker A

asking this court to award you forty thousand dollars for your past medical expenses, five thousand dollars for your future medical expenses, and two hundred thousand dollars for pain and suffering, for a total award of 245,000, right? Yes, your honor. And Mr. Clark, you're here

Speaker A

representing Lux Days Resort and Spa, right? Yes, your honor. You believe that had they followed the directions that they were given, they never would have been injured? Yes, Joanna, wholeheartedly. Well, let's get into the legal sauce. Mr. and Mrs. Rathmell, how did you all get to

Speaker A

choose Lux Days Resort and Spa? Well, it's the first spot that he took me when we honeymooned. So it was pretty romantic of him to kind of take me back, actually. And we enjoyed it. It was about 10

Speaker A

years ago, a decade ago, but it was fantastic. We had a great experience at that time. I know it was young love, but that young love is still going on now. So I met John during a blind date. My best

Speaker A

friend set us up. I was not looking forward to seeing anybody, but this guy here kind of schmoozed me over. I'm romantic like that. Romance is beautiful. This young lady left her medical field to come support my business, which has grown immensely

Speaker A

because of her. And so I said, you know, it's time to do something nice. Mrs. Rath, now you've got some medical training, uh, yeah, I have about eight years as a nurse, but I gave all that up for this guy. I

Speaker A

mean, we're running our own company, so he kind of needed the help behind the scenes. So I do all the administrative work and hiring contractors and things like that. Mr. Clark, you are here representing Lux Days Resort,

Speaker A

right? Yes, your honor. Tell me about the resort. I started working at the Lux Days Resort and Spa about 10 years ago when I was in college. I started off as a bellman, and I worked my way up to a

Speaker A

management position. Our resort offers anything you would want on a dream vacation. We have gourmet food, state-of-the-art fitness facilities, and we also offer a private view of the beach, as you can see here. Yeah, it's beautiful. So,

Speaker A

so couples come there to have a relaxing time on the beach, enjoying the restaurants. That's the way it's supposed to work. Yeah, Sharonda, we have thousands of guests annually, repeat guests because they love what we have, and we do our best to keep them coming

Speaker A

back. So what happened that morning? I woke up, and, you know, I would have got a little mani-pedi, a little alone time for myself. Well, I let my husband sleep, and I kind of signed us up for a

Speaker A

little couple's massage. He's hard on himself, so, you know, I decided, you know, let's get some massages. So then we went and had some lunch, and we're from the Midwest, so we don't have many beaches, so they do have beautiful views. So we

Speaker A

walked along the beach and just reminiscing about our 10 years together. Suddenly, it just became a little bit cooler, so my husband suggested, "Honey, maybe we should just gather our things." Then suddenly, a gust of wind started coming our way. Okay, now I'm

Speaker A

gonna have to jump in there because this is the part that got me a little upset. No, I know we can't control the wind. We can't control what's going on with it, but as we were going back, I saw, as the

Speaker A

gusts picked up, an umbrella coming through. Umbrella was coming at my wife like a missile. It was like the umbrellas that you sit under when you're trying to tan, and yes, sir, the big beach umbrella with all the metal and nylon stuff

Speaker A

there, like this umbrella in the courtroom, exactly like that one, right there, your honor. Okay, all right. Now I saw that coming at my wife. It was airborne. It was airborne. It was coming like a missile. Okay, now my thing,

Speaker A

naturally, first of all, I'm a man. This is my woman. I'm gonna protect my woman. So I jumped in front of her, making sure it did not hit her. She's gorgeous. I'm not gonna let anything hurt this woman. All

Speaker A

right, so I jumped in front of it, and I got hit in my back, left side here. Now, Yana, I was a very good amateur boxer. Yeah, 12 and 1 record, never been knocked down. I never got hit as hard as I did when that

Speaker A

umbrella hit me on my side. So this umbrella comes out of the sand, and it's airborne like a javelin. Airborne, your honor. It came, it came at her like it was just targeting her, like it was a direct

Speaker A

missile for her. It knocked him out so hard, your honor, that he couldn't even breathe. And the next thing that I seen was like his face was bleeding, and I didn't know where it was coming from. And although I am in the

Speaker A

medical field, I was trying to tend to him and also calm my own nerves. It felt like it took hours for someone to come help us. Your honor, did you realize at that time that you were badly injured?

Speaker A

And not as bad as I eventually found out, Yana. I mean, I know I got hit in the back, so I didn't know the extensive extensiveness of the damage until later. I just knew I was hurt. Mr. Clark, how did

Speaker A

you come to know that something bad had happened? Um, well, first and foremost, the weather earlier in the day was perfect. It was just fine, like they said, but I have my security staff monitor the forecast 24/7. Okay, and they

Speaker A

told me that inclement weather and a possible storm was approaching. So I told all my staff to make sure all the guests go inside and get off of the beach just because, you know, we don't know what's going to happen in the storm. What time

Speaker A

was that, sir? In the morning. In the morning. So why didn't you guys warn us earlier? Mr. Misreciate, that and those are appropriate questions, but they kind of come from me. Sorry. Okay, thank you, ma'am. So, uh, why didn't you tell the guests

Speaker A

earlier? We knew that a storm was possibly coming, but we weren't for certain. But once we were certain that it was coming our way and it could be severe, that's when we decided to, you know, get all the guests

Speaker A

off the beach, have them gather their things. I have one of my employees speak to the Rathmells. The Rathmells said they would leave. No, that is, and they never did. I actually have, uh, it's a storm, of

Speaker A

course it's going to be security footage of the weather from the incident. Okay, and the bottom line, that's not our fault. You know, it's nature. So this is, this is security footage from that day. Yes, your honor. And the, and Mr. and Mrs.

Speaker A

Rathmell, the wind was blowing like that? Well, you know, by the time it got to that point, we were already at our location picking our stuff up. It wasn't that hard at first. When it got to that

Speaker A

point, we were moving our stuff and going in towards the inside. You know, there was no sense of urgency from the message telling everybody to move in. So, so with winds like this, it picked that umbrella up and sent it airborne. It was going to

Speaker A

impale your wife. That's why you stepped in the way it was going. It's kind of like a sail, your honor, if you imagine a sail in the wind, right? This is not a car. This is not our fault, your honor. It

Speaker A

was the wind. How could this not be your fault? It was coming. These are your umbrellas, right? Yeah, these are our umbrellas, but we've told all guests to get off the beach. They refused to leave. Everyone else was going. They were the

Speaker A

only ones who stayed. Did y'all get that warning that you need to get up and leave now? Your honor, they came and kindly told us to leave softly. No, there was no sense of urgency in anybody's voice. Don't yell. We're gonna hold up, sir.

Speaker A

Yo, when you look at this video, you gotta understand those are very, very strong winds. Everybody can see that, right? Well, judge, we're from the Midwest, so winds are, they're common to us. But there have been reports all over the news that

Speaker A

other resorts have gone through this with beaches, and they're having to secure their equipment. So they're such experts on the wind and the rain. Shouldn't they be experts at what's happening at other resorts? You submitted this video to the court. Is that how the

Speaker A

wind was blowing out the...

Speaker A

so you just doesn't seem the same on TV in person those things are moving fast this is another another Resort where the umbrellas had a mind of their own correct and it was all over the news had they been secure so they wouldn't be

Speaker A

flying around like that so they may not be able to secure everything you will think that employee securing the umbrellas as we were escorting guests Mr Clark that's a dangerous situation a lot of people could have been killed out there

Speaker A

you talked about this uh umbrella nearly impaling you and I see you've hurt your neck tell me about your injuries well sir the backside I have uh two broken ribs all right a punctured lung of course you should see the bruising I

Speaker A

could show you the bruising as well so if you have it I have uh my neck I had whiplash and of course I got a gas to this beautiful face which my life my wife still loves but um I see you're asking this court to

Speaker A

give you forty thousand dollars for your past Medicals and five thousand for your future Medicals now the biggest number you're seeking is two hundred thousand dollars for pain and suffering tell me about that that's a lot of money well

Speaker A

sir I'll tell you right now again I'm a construction owner all right so I do a lot of heavy lifting I work with my men I don't just give them Direction I'm there with them I also have children and

Speaker A

a wife that I want to love and hug we have a very active lifestyle I have a hard time raising my arm I have a hard time breathing well you got to let it heal but it costs money yes sir it costs

Speaker A

money to run the business cost money and have a family and it costs money for those medical expenses can I give you a good look at it sir now this is where the umbrella actually hit you yes sir I

Speaker A

tell you I've never been hit like this before wow so your honor this is day two at the resort not to mention the fact that we had to cut our vacation short and we were in the hospital the whole time

Speaker A

Mr Clark this isn't how this is supposed to turn out this this could have been a death case oh it definitely could have been deadly and and it's very unfortunate that you know Mr rathmell got injured but we can't control the

Speaker A

weather how fast it comes so we have systems and protocols put in place for inclement weather it reads what to do 30 minutes before storm arrives number one notify all guests that a storm is coming y'all did that with the text message

Speaker A

number two any guest on the beach must leave immediately until the weather clears and announcement is made number three is secure all Beach Furniture in nearby storage that's what you all were trying to do as you ask people to get

Speaker A

off the beach really all three of those things ought to be happening it sounds like what you all tried to do yes we did the first two we were also doing the third but Mr Clark you understand that

Speaker A

had you secured this umbrella at night it never would have impaled Mr rathmell right I understand that but that's right we were securing The Umbrellas but we also sent them a text message as well at 1 30. when you submitted that to the

Speaker A

court close let's take a look at it it reads attention all guess please be advised that we are expecting high winds today listen for alerts from our Resort staff for your safety we hope you continue to enjoy your stay at Lux days

Speaker A

that's what you sent to all guests did you all get that text message we did not get it first of all sir because we left our phones and everything in our room we didn't have our it's 2019 Julie Leaf

Speaker A

home in that room well who takes assistant it's a getaway it's it's a resort it was a it was a it was a loving getaway we wanted to be disconnected from everybody but each other we were unplugged your

Speaker A

honor now you brought one of your staff with you Mr Doug Jenkins all right Mr Jenkins if you would rise and go to the podium what is your role in this whole story so I was working at the resort that day and

Speaker A

we had been informed that morning that there was potential of inclement weather later that day and there was a warning text sent out to all of our patrons to be alert and to be aware exactly so however when we noticed that weather was

Speaker A

starting to pick up the winds were starting to get a little bit higher that's when we officially closed the beach down at around 1 30 we sent out another message letting all of our patrons know the facility was shut down

Speaker A

they needed to move inside for their safety so there were two warnings sent written warnings two official written warnings and then one verbal warning because I ran into the rathmels on the beach you remember this yes sir very

Speaker A

specific he did he did so what happened I told them that the weather was picking up and that for their safety they needed to vacate the area and the beach was closed we were starting to do so do you

Speaker A

all remember that conversation I do his his message wasn't they had no sense of emergency whatsoever you're not trained my staff to be polite we're not going to yell at anybody or drag anybody inside all we can do is warn them

Speaker A

[Applause] nothing to do about being polite we'll do this say it to me the way you said it to them I said the weather is expected to get worse the beach is closed temporarily we will let you know if it

Speaker A

reopens but for now we need you to gather your belongings and head inside for your safety not at all what makes it more urgent than that now y'all one of the things that that I learned in law school is common sense

Speaker A

never leaves the courtroom thank you okay Common Sense kind of tells you when the wind is blowing like that you need to get up and get that's what we were doing that's where we were going at the end of

Speaker A

the day you're honor they were not prepared for this storm in the morning time so let's say 15 minutes before a storm hits you never know when a storm is going to hit why didn't they prepare early that morning or maybe you guys

Speaker A

should have been inside Mr Jenkins thank you sir [Applause] with the possibility of a storm and we were in a process of going inside we can't be held live but if we tell you to leave with weather like this and you

Speaker A

want to stay outside because you're from the mountains your gear should have been locked down in first the gear was locked down there right I think I've heard what I need to hear I'm ready to render my decision

Speaker A

[Applause] folks in every personal injury case the plaintiff has to prove that the defendant was wrong and that the defendant's wrong caused your harm your harm is Undisputed so that stands what you must prove is that the resort did

Speaker A

something wrong that caused these injuries here you all have put up evidence with with videos showing blowing umbrellas you've shown that you were trying to get out in this umbrella came in the air and nearly impaled you you

Speaker A

believe that the resort should have warned you with more passion and they should have secured those umbrellas so you'd have a safe opportunity to get off the beach Mr Clark on behalf of the resort you've put up a vigorous defense

Speaker A

you believe had they heeded your instruction your Warning by Mr Jenkins to get off the beach Mr rathmouth would have never been injured yes the three tentacles of the law that touch this case one is act of God no one can anticipate certain

Speaker A

weather events certain things happening it's not like God threw the umbrella at you but these winds kicked up it sounds like somewhat unexpectedly and sent this umbrella flying in a courtroom an act of God is no one's fault the second legal

Speaker A

principle was personal responsibility and that is when you're given a warning you've got to heed that warning personal responsibility is important even when you're trying to protect someone else and that is the third tentacle of the law Mr rathmell when you tried to

Speaker A

protect your wife that is a very very Noble thing to do under the law though you have now assumed the responsibility of harm that is the biggest legal principle that presides here you have been warned you were supposed to get off

Speaker A

the beach you stepped in the way and you were hurt instead of your wife and despite your injuries I must find in favor of Luxe days Resort and Spa and against you that is my final verdict in this matter is adjourned

Speaker A

our attorneys Across America just viewed this case for the first time let's hear what Leonard Lundy has to say when you own a property you have a basic duty to keep their property in a safe condition in this case the resort exercise

Speaker A

reasonable diligence by notifying their guests of the impending storm and by telling them to leave the beach and seek shelter the plaintiffs ignored the storm warnings and as a result were injured the plaintiff's Assumption of the risk prevented them from winning their case

Speaker A

foreign [Applause] [Music] [Applause] [Music] [Applause] [Music] [Applause] good day everyone this is the matter of Nelson versus Levin Mr Nelson is my understanding you're suing your ex-wife Miss Levin for injuries you sustained while you were on her property you're

Speaker A

asking this court to award you forty five thousand dollars for your past Medicals twenty five thousand dollars for scarring and disfigurement ninety thousand dollars for pain and suffering for a total Award of one hundred and sixty thousand dollars is that correct

Speaker A

yes your honor and Miss Levin you believe that Mr Nelson caused his own injuries and you don't owe him a thing true absolutely yes well let's get into the legal sauce how did you end up at your ex-wife's home

Speaker A

while Sarah and I were married 15 years she used to be the love of my life the divorce was finalized four months ago in the divorce she got our house I gotta pay alimony and she gets half of

Speaker A

my 401k and then just to be vindictive I had to go over there and cut down the trees that I planted in our backyard for her for our 10-year anniversary as part of your divorce as the divorce decree why would you want

Speaker A

him to cut trees down at your house I've asked him for years to cut these trees down they block a bunch of the light that comes into my kitchen other parts of the home he tries to paint me as some

Speaker A

bad person but all of these things that he's saying that he gave me in the divorce well we ain't gonna work out y'all's divorce because some other judge decided that one I agree however how do you go from cutting trees down to in

Speaker A

that bandage so like I said you're on in the in the divorce decree I had 60 days to cut 23 trees down and our former backyard now her backyard so the answer is he doesn't know what he was doing

Speaker A

yeah well I didn't know what I was doing no I'm sorry you didn't marry a tree expert Sarah but I go over there I had a small window of time with a chainsaw as soon as soon as I get in there she

Speaker A

starts complaining she gets on me she's got a problem with this she's got a problem with that I I actually at one point I had to go outside and vent and send a message to my friends I just had

Speaker A

to get out of that house well you submitted a video to this course yes I did is this the message that you said that is a message because my friends know know very well emotionally unstable and he has to get

Speaker A

his story out first how do you think I got that way Sarah let's see the video so I'm over here at Sarah's got to cut all these trees down chainsaw's out of gas I'm tired she's giving me dirty looks I can't stand this

Speaker A

woman Miss Levin were you interfering with this were you distracting him oh absolutely not he came into the house and I was surprised that it was him by himself I didn't see any safety equipment I didn't see that he had hired

Speaker A

anybody so Mr Nelson how did this happen well 15 years ago I married Sarah um well you thought it was a good idea then so don't make it such a bad idea today oh believe me you should have met

Speaker A

her then she was a whole different person I don't even recognize this well we got who we got today and she certainly got who she got how'd this happen oh yeah she did yeah how'd this happen so I go over there

Speaker A

I got the Chainsaw by myself I didn't you know no I'm not a tree expert but you know I had a plan so in our back in our former backyard now her backyard all the trees are in a line there's this

Speaker A

little platform over it looks like a little deck I'm on the platform all right the chainsaw chainsaw is going chainsaw's going oh you know how it sounds I thought you were busy so I walk over there I take two steps there's a loose board

Speaker A

it's not even nailed down I chip over the board I fly through the railing lay an ape being on the ground hurt my elbow broke my elbow cracked two ribs I can barely breathe chainsaw goes flying through the air was like a

Speaker A

freaking horror movie chopped out three in my fingers yes and you know what she was doing the whole time you know what she was doing she was sitting at the kitchen table having a couple of beers talking on the phone while I'm out there

Speaker A

nearly chopping my entire hand off and guess who had to call 9-1-1 me [Applause] sounds different so you lopped off three of your fingers yes so you fall off this platform this chainsaw comes down and cuts off three

Speaker A

of your fingers yes and that's what your hand looked like yes it's supposed to discussions so you own the property he's doing something you want it correct right yes sir and he lops off three of his fingers and this isn't your fault his own

Speaker A

negligence I asked her a question so I can't listen to you I want to hear from you because you are obviously into this you got skin and fingers in the game I understand that why isn't this your fault your honor his

Speaker A

own negligence and lack of preparedness that's what that's what made all of this happen this had nothing to do with me this is all of his fault this is a man you used to love you see this injury this has got to tug

Speaker A

at your heart some I can tell him what to go do with his hand I'm real tempted to get into this mess but it ain't none of my business [Music] thank you Mr Levin how did you know something had

Speaker A

gone wrong I didn't I had nothing to do with me I wasn't watching him he this is all in his head that I saw this happen that I could have done anything at the window how did you know he was

Speaker A

hurt when I heard the sirens and he was getting into the ambulance that I came outside and what did you do I obviously tried to do everything that I could it had already happened I didn't even know honestly that he was

Speaker A

going to use the platform he didn't bring a ladder he didn't use any safety equipment I didn't even know where in the yard he was Mr Nelson you've submitted to this court 45 000 in past Medicals you're asking this

Speaker A

court to award you 25 000 for scarring and permanent disfigurement and ninety thousand dollars for pain and suffering I want to understand your injuries make me understand your honor after I felt the platform the first thing that happened was I broke my

Speaker A

elbow then I cracked two of my ribs and then like I said the chainsaw landed on me chopped out three of my fingers you've had some very severe injuries you're still wrestling with those I see sir I'm in pain every single day and my

Speaker A

quality of life has changed dramatically I worked with HVAC I need both my hands I barely have one I'm on light duty I can't even answer the phone anymore your medical records indicate that they were able to reattach your fingers can you

Speaker A

use that hand not right now not not until the bandage comes off I can't even I can't even look at it anymore so this is what your hand looked after they reattached your fingers yes sir what kind of movement do you have in

Speaker A

those two fingers not a whole lot and then like I said it's covered with a bandage I can't even do anything with it anyway Miss Levin you now own this property you want your ex-husband to come over and cut these trees down he

Speaker A

goes up on your platform on your property it falls apart and he lops his fingers off why is this not your fault because it's his negligence that contributed to this he was too cheap to hire anyone he's too cheap to get any

Speaker A

safety equipment this had nothing to do with me this is a hundred ten thousand dollars for my guy yeah maybe a quote you didn't like my God you don't like myself to me I asked the question everybody I asked the questions you may

Speaker A

have done that in your marriage you don't get to do that in my courtroom thank you your honor Miss Levin you said he was too cheap what do you mean by that he didn't hire anyone to help him

Speaker A

he didn't get any safety equipment he's a walking liability if he would have done this in anyone else's backyard and hurt himself he can't just go around suing people you could have heard a tree cutter right this is a simple job for a tree cutter

Speaker A

well first of all your honor with all due respect she's getting half my money you might be mad about the divorce but you got to get in a line of people that's millions of folks long that's what you agreed to I'm talking

Speaker A

that's what you agreed to that's what you're stuck with but you cut your fingers off you tell me why it's her fault well in the divorce decree it says that I can do this job however I want to

Speaker A

do this it says that you're responsible there's there's the decree it reads final Judgment of divorce the defendant that would be you Mr Nelson shall be solely responsible for removal of 23 trees from backyard of plaintiff's residence within 60 calendar days of

Speaker A

signature of this judgment your honor now why not hire somebody to do it you got 60 days to pick somebody because your honor thank you he wasn't responsible in doing any of this responsible since she conned away in the getting

Speaker A

always my fault he cheated I'm not doing that today and we are going to have order in this court and that's the second time I slammed this the third time I turned into the Incredible Hulk yeah okay go

Speaker A

get her no I'll get you too son y'all talk to me I'm not really litigating your divorce I simply want to know why did you not hire somebody to cut these trees down a professional I really wish I could have but since we've been

Speaker A

divorced my life just hasn't been the same I live on a one bedroom apartment I'm behind on my car payment I'm in debt so I don't have the money to hire somebody I don't have the money to hire the 18 Grand

Speaker A

person that she wanted I barely had money to hire the Seven Grand person that I wanted and that's a buddy of mine who was cutting me a break Sarah's got a problem on my God Sarah was loving you

Speaker A

wouldn't let his guy cut the trees down your honor he had 60 days to try and find someone he got a seven thousand dollar quote that from someone that I do not want on the property who's not licensed or bonded I mean he's a

Speaker A

glorified Gardener He's not qualified what did you think was appropriate I the only quote I got Was Eighteen thousand dollars but at the same time it's not my responsibility but it's his job it's not my responsibility it's not my problem Mr

Speaker A

Nelson you believe it's her fault what did Miss Levin do wrong that caused your injury it's it was her responsibility to maintain whatever's going on out there never had a problem with that platform you see the boards how how old they are

Speaker A

she said she was gonna get that fixed she never told me there was a problem your honor not only did he live there when we had a hurricane and he knew that the boards were damaged but he also knew

Speaker A

that I put three of those slats back down without nailing it he had full knowledge of it so you all had a hurricane yes while he still lived there I don't need to tell you that there was a problem I would have reminded you if

Speaker A

you would have come and talked to me and communicated now you've submitted a video to this court let's take a peek at it on the plasma this is the storm you were talking about Miss Levin yes your honor and you

Speaker A

believe this is what damaged the platform yes it's been damaged since that day well where was Mr Nelson living when this storm happened he was living there it was this video was a year before our divorce so you all were still

Speaker A

married when this happened yes so you at least knew what the storm did to the platform right but I've been out of the house for two months she never fixed it I don't know what she's doing with that

Speaker A

house or who's coming in and out of my old house Miss Levin on day one after the divorce this property became yours and yours alone with the responsibility to keep it in good repair why didn't you just fix

Speaker A

the platform I've just been spending my money on other things you mean my money and those other things we don't want to talk about I know what I meant it's my money wow you know it's always amazing to me that

Speaker A

people who used to love each other become enemies I know and this case is about as personal as personal injury gets I've heard as much as I need to hear and I'm ready to render my decision [Music] [Applause]

Speaker A

folks part of this case sounded like the tail end of a divorce and while entertaining maybe even disturbing it has nothing to do with this case this case is about a landowner and someone who came on the landowner's

Speaker A

property to do a service that's a premises liability case as the landowner you are responsible Miss Levin if you know about hazards you're to address them in a reasonable way to reduce the risk of other people coming onto the

Speaker A

property you knew about these boards not fixing them the law sees that is wrong Mr Nelson you were hurt badly notice I'm not going to talk about whether you were injured or how badly it was following a divorce to Lop off your fingers life's

Speaker A

been kind of unfair to you but you too have legal responsibilities when you go onto a property that you lived on you're charged under the law for being aware of the hazards on that property this platform didn't become

Speaker A

shaky and Raggedy in that two months the storm caused it to be raggedy you knew about the storm and the reason that's important is in a premises liability case notice of the hazard is the most important thing if you know more about

Speaker A

the hazard as the landowner and you don't address it he wins if you know as much about the hazard as Miss Levin knows you lose here I find you live there you know this platform you knew the hazard and could have protected

Speaker A

yourself you are 50 percent responsible at least and despite your terrible injuries I must find against you and in your ex-wife's favor I find for the defendant that is my verdict and this matter is adjourned our attorneys Across America just viewed

Speaker A

this case for the first time let's hear what Richard Harris has to say this was clearly a bitter divorce and the defendant's body language spoke volumes the case came down to an important fact the boards of the tree

Speaker A

platform were blown off in a prior storm while the plaintiff was still living in the marital home while they were merely replaced and not nailed down the plaintiff had knowledge so his ex-wife did not have a duty to warn him about

Speaker A

the danger [Applause] thank you [Music] [Applause] [Music] [Applause]

Topics:personal injurybeach umbrella accidentstorm injuryvacation lawsuitpremises liabilityassumption of riskluxury resortcourt casemedical expensesinjury compensation

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