$6.5 Million Is Awarded for Campground Injury

antiquity · 12-07-2002, 06:58 AM

$6.5 Million Is Awarded for Campground Injury

By John Caher
New York Law Journal

A Court of Claims judge has awarded over $6.5 million on behalf of a boy who suffered a spinal cord injury when a rotted tree at a state campground tumbled onto a camper.

Presiding Judge Susan Phillips Read said the high award is necessary to cover the future medical needs of Joseph A. Gugliotta and to compensate the youth for what is likely to be several decades of pain and suffering.

The award in Gugliotta v. State, 96538, came nearly three years after another Court of Claims judge found the state fully liable for the July 15, 1995, accident even though the state did not have actual knowledge of the dangerous condition.

Now-retired Judge James P. King predicated the state's liability on constructive knowledge. Judge King found the state's "duty to remove hazardous trees in high use areas on state owned land is somewhat more circumscribed than the duty imposed on an adjoining landowner whose tree or portion of a tree falls on his neighbor's property or person."

He also held that the state's potential liability in falling tree cases was not limited to those matters where there is a readily observable defect. Rather, Judge King said the state is responsible even when there are "subtle indications of tree decay."

For the Gugliotta family, that added up to more than $6.5 million, including $2.2 million for future home services and $1 million for future pain and suffering.

Records show that Joseph Gugliotta was an active and athletic 5-year-old when he went camping with his family at North/South Lake Camp Ground in Haines Falls, Greene County.

On a stormy morning, the boy and his brother were sleeping in a pop-up camper when a large Canadian Hemlock fell on the unit. Joseph suffered a spinal injury. Now, he can walk only with braces or crutches, often uses a wheelchair and requires diapers and a catheter. Joseph plays wheelchair basketball and takes part in other activities, but is unable to enjoy life to the fullest.

"[H]e will require lifelong medical surveillance and prophylactic care for the management of his condition and the prevention of complications, as well as equipment and services and accommodations to allow him to live an independent and productive life," Judge Read wrote.

Robert George Bombara of Garden City appeared for the Gugliotta family. Assistant Attorney General Michael Friedman argued for the state.

Date Received: December 06, 2002 Â*

http://www6.law.com/lawcom/displayid...news&flag=full

Max · 12-08-2002, 08:46 AM

We have new forum for these kind of posts?

antiquity · 12-08-2002, 03:28 PM

Max, please read the post about the Disability News forum. Life articles that mention SCI will continue to be posted in the Life forum. Articles that don't mention SCI but deal with general disability issues such as insurance, employment, the ADA, etc., are to be posted in the Disability News forum. That's why I only posted 1 article here and 5 in the new forum.

Thanks

OTOH, if this is going to become an issue of contention, I'll refrain from posting SCI articles here until Dr. Young returns to explain better.

[This message was edited by seneca on Dec 08, 2002 at 06:45 PM.]

Max · 12-08-2002, 04:46 PM

That is why I insisted on clear poll, if you do remeber...And I still feel that Clippers poll would serve better. But you insisted on your version...Please check what was questons in your own poll,your comment and what majority of users voted for

What diffrence poll made-if majority clearly voted on all articles, but moderators & administration do what they please?

BTW, I already started posting sci related articles on new forum

[This message was edited by Max on Dec 08, 2002 at 07:55 PM.]

antiquity · 12-08-2002, 05:48 PM

Max, I don't want a flame or an argument. Dr. Young will explain when he returns.

BTW, before you try to make this personal, the disability news forum was not my idea. The decision to leave SCI specific articles in Life and put general disability articles in the new forum was made by Dr. Young. He doesn't mind having a few articles here, he just wanted to limit them so that they don't push other topics onto the next page. Peace?

Max · 12-08-2002, 05:54 PM

One thing what majority voted for & another what we have.

And it is nothing personal, its just a matter of principle.

Peace

Since poll is sinking I decided to add this(Just in case poll topic may mysteriously disapppear as recently happen to one of my posts)
Still its nothing personal -just a reminder.

Seneca wrote-"Yes, based on my interpretation of Dr. Young's suggestion, all articles about SCI/disability that are normally posted in Life will be posted in the Disability News forum instead."

[This message was edited by Max on Dec 09, 2002 at 10:48 AM.]

topspin · 12-09-2002, 10:56 AM

There are eight new posts in the Travel and Sports Forum to add to this discussion, which you two (Max and Seneca) have yet to add as fuel to the fire.

Max, I have a technical question: What form of "search engine" do you use to peruse the latest publications for SCI related, either directly or indirectly, articles? No kidding, and I do mean "please", start a thread and explain the process.

That said, I think you, Max, also need to acknowledge the "ownership" of your hobby, which is to post the articles in forums, nevermind that there seems to be an aversion by the reading population on the true "do a good turn daily" (scout slogan, thank you Baden-Powell) aspect of the hobby. You have your fans and you have your detractors, you must admit. Neutrality allowed, the latter outnumbers the former.

These are called "temendous trifles" in the realm of human endeavor. I just wish they were not so tremendous

Max · 12-09-2002, 01:10 PM

Thanks for acknowlegement

I am also an inventor...If Al Gore invented internet, I've invented concept of sci-news posting

nate007 · 12-09-2002, 02:48 PM

There just aren't enough people to annoy in those other forums.

antiquity · 12-09-2002, 03:55 PM

Quote:

Originally posted by Max:

Since poll is sinking I decided to add this(Just in case poll topic may mysteriously disapppear as recently happen to one of my posts)
Still its nothing personal -just a reminder.

Seneca wrote-"Yes, based on my interpretation of Dr. Young's suggestion, all articles about SCI/disability that are normally posted in Life will be posted in the Disability News forum instead."

[This message was edited by Max on Dec 09, 2002 at 10:48 AM.]

Max, you requested that the poll topic be removed from the top, remember? Unless someone else posts a comment, it will sink. And what post of yours disappeared?

I tried to convey a new message to you about article posts which you took issue with, so in an effort to avoid further confusion on your part, I said I'd wait for Dr. Young to explain but until he's able, all articles will go to the new forum which has been the case since yesterday. What you complained about has been resolved, so what's the new problem?

If the administrators decide otherwise, a notice will be posted by one of them.

Posted by topspin:

Quote:

These are called "temendous trifles" in the realm of human endeavor. I just wish they were not so tremendous

Me too topspin.

[This message was edited by seneca on Dec 09, 2002 at 07:20 PM.]

12-07-2002, 06:58 AM	#1
antiquity Moderator Join Date: Jul 2001 Posts: 14,540	$6.5 Million Is Awarded for Campground Injury $6.5 Million Is Awarded for Campground Injury By John Caher New York Law Journal A Court of Claims judge has awarded over $6.5 million on behalf of a boy who suffered a spinal cord injury when a rotted tree at a state campground tumbled onto a camper. Presiding Judge Susan Phillips Read said the high award is necessary to cover the future medical needs of Joseph A. Gugliotta and to compensate the youth for what is likely to be several decades of pain and suffering. The award in Gugliotta v. State, 96538, came nearly three years after another Court of Claims judge found the state fully liable for the July 15, 1995, accident even though the state did not have actual knowledge of the dangerous condition. Now-retired Judge James P. King predicated the state's liability on constructive knowledge. Judge King found the state's "duty to remove hazardous trees in high use areas on state owned land is somewhat more circumscribed than the duty imposed on an adjoining landowner whose tree or portion of a tree falls on his neighbor's property or person." He also held that the state's potential liability in falling tree cases was not limited to those matters where there is a readily observable defect. Rather, Judge King said the state is responsible even when there are "subtle indications of tree decay." For the Gugliotta family, that added up to more than $6.5 million, including $2.2 million for future home services and $1 million for future pain and suffering. Records show that Joseph Gugliotta was an active and athletic 5-year-old when he went camping with his family at North/South Lake Camp Ground in Haines Falls, Greene County. On a stormy morning, the boy and his brother were sleeping in a pop-up camper when a large Canadian Hemlock fell on the unit. Joseph suffered a spinal injury. Now, he can walk only with braces or crutches, often uses a wheelchair and requires diapers and a catheter. Joseph plays wheelchair basketball and takes part in other activities, but is unable to enjoy life to the fullest. "[H]e will require lifelong medical surveillance and prophylactic care for the management of his condition and the prevention of complications, as well as equipment and services and accommodations to allow him to live an independent and productive life," Judge Read wrote. Robert George Bombara of Garden City appeared for the Gugliotta family. Assistant Attorney General Michael Friedman argued for the state. Date Received: December 06, 2002 Â* http://www6.law.com/lawcom/displayid...news&flag=full

12-08-2002, 08:46 AM	#2
Max Senior Member Join Date: Jul 2001 Location: Montreal,Province of Quebec, CANADA Posts: 15,036	Do'nt We have new forum for these kind of posts?

12-08-2002, 04:46 PM	#4
Max Senior Member Join Date: Jul 2001 Location: Montreal,Province of Quebec, CANADA Posts: 15,036	You are confusing me again... That is why I insisted on clear poll, if you do remeber...And I still feel that Clippers poll would serve better. But you insisted on your version...Please check what was questons in your own poll,your comment and what majority of users voted for What diffrence poll made-if majority clearly voted on all articles, but moderators & administration do what they please? BTW, I already started posting sci related articles on new forum [This message was edited by Max on Dec 08, 2002 at 07:55 PM.]

12-08-2002, 05:54 PM	#6
Max Senior Member Join Date: Jul 2001 Location: Montreal,Province of Quebec, CANADA Posts: 15,036	But don't you see a contradiction here. One thing what majority voted for & another what we have. And it is nothing personal, its just a matter of principle. Peace Since poll is sinking I decided to add this(Just in case poll topic may mysteriously disapppear as recently happen to one of my posts) Still its nothing personal -just a reminder. Seneca wrote-"Yes, based on my interpretation of Dr. Young's suggestion, all articles about SCI/disability that are normally posted in Life will be posted in the Disability News forum instead." [This message was edited by Max on Dec 09, 2002 at 10:48 AM.]

12-09-2002, 10:56 AM	#7
topspin Senior Member Join Date: Nov 2001 Posts: 174	LLLLEET's get ready to RRRRUUUUUUUMMMMMMBBLLLEEEEE (copyright notwithstanding) There are eight new posts in the Travel and Sports Forum to add to this discussion, which you two (Max and Seneca) have yet to add as fuel to the fire. Max, I have a technical question: What form of "search engine" do you use to peruse the latest publications for SCI related, either directly or indirectly, articles? No kidding, and I do mean "please", start a thread and explain the process. That said, I think you, Max, also need to acknowledge the "ownership" of your hobby, which is to post the articles in forums, nevermind that there seems to be an aversion by the reading population on the true "do a good turn daily" (scout slogan, thank you Baden-Powell) aspect of the hobby. You have your fans and you have your detractors, you must admit. Neutrality allowed, the latter outnumbers the former. These are called "temendous trifles" in the realm of human endeavor. I just wish they were not so tremendous

12-08-2002, 03:28 PM	#3
antiquity Moderator Join Date: Jul 2001 Posts: 14,540	Max, please read the post about the Disability News forum. Life articles that mention SCI will continue to be posted in the Life forum. Articles that don't mention SCI but deal with general disability issues such as insurance, employment, the ADA, etc., are to be posted in the Disability News forum. That's why I only posted 1 article here and 5 in the new forum. Thanks OTOH, if this is going to become an issue of contention, I'll refrain from posting SCI articles here until Dr. Young returns to explain better. [This message was edited by seneca on Dec 08, 2002 at 06:45 PM.]

12-08-2002, 05:48 PM	#5
antiquity Moderator Join Date: Jul 2001 Posts: 14,540	Max, I don't want a flame or an argument. Dr. Young will explain when he returns. BTW, before you try to make this personal, the disability news forum was not my idea. The decision to leave SCI specific articles in Life and put general disability articles in the new forum was made by Dr. Young. He doesn't mind having a few articles here, he just wanted to limit them so that they don't push other topics onto the next page. Peace?

12-09-2002, 01:10 PM	#8
Max Senior Member Join Date: Jul 2001 Location: Montreal,Province of Quebec, CANADA Posts: 15,036	Yessssss Topspin, Thanks for acknowlegement I am also an inventor...If Al Gore invented internet, I've invented concept of sci-news posting

12-09-2002, 02:48 PM	#9
nate007 Senior Member Join Date: Apr 2002 Location: Winnipeg, manitoba, canada Posts: 667	There just aren't enough people to annoy in those other forums.

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