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Man Wins $581,000 Gun Club Lawsuit

Discussion in 'Shooting Related Threads' started by Joe Potosky, Sep 28, 2010.

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  1. Joe Potosky

    Joe Potosky Well-Known Member

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    Hilton man settles slip-and-fall lawsuit with local gun club

    - DemocratandChronicle.com / Rochester, N.Y. -

    A Hilton man who lost his leg after slipping and falling on snow at a Hilton gun club has settled a lawsuit against the club for $581,000 after a Monroe County Supreme Court jury returned a verdict in his favor.

    The man, Michael Tuttle, 70, had his left leg amputated above the knee in April 2007 after tearing a major artery when he slipped on a mound of icy snow at the North Star Sportsman's Club on Walker Lake Ontario Road that February and dislocated his knee.

    The mound was partially blocking a doorway into the club's barn, where Tuttle was headed to fetch a tractor to aid a fellow club member in plowing snow, according to the complaint and Tuttle and his attorney.

    "(The settlement) kind of eased the pain a little bit, but I still don't have my life I had before," said Tuttle, a retired Genesee Brewing Co. millwright who has been a club member since 1998. "I'm tied to a wheelchair."

    In arriving at a verdict last Wednesday, the jury found that Tuttle bore some of the blame for his injury.

    But the jury also found that the club's negligence was "a substantial factor" in the accident and that the club was 70 percent responsible for Tuttle's injury and owed him $621,000, court papers show.

    Tuttle's lawyer, Gary Gianfordi, said it was later determined that the jury allotted too much for future home health care expenses, and that the parties settled on a final figure of $581,000.

    "I think the jury did a very good job in dealing with the proof and making a determination as to respective liability and assessing appropriate damages," said Gianfordi, of Culley, Marks, Tanenbaum and Pezzulo.

    Phone messages left for the club's secretary and the club's attorney were not returned.

    Tuttle continues to shoot at the club twice a week. He said the barn now houses a golf cart he uses to get around the firing range.

    "What this (verdict) did is give me back some hope that my life won't be all doom and gloom," Tuttle said.
     
  2. halfmile

    halfmile Well-Known Member

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    And now you know why insurance costs money.

    HM
     
  3. stokinpls

    stokinpls Well-Known Member

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    I feel sorry for both of them.
     
  4. grntitan

    grntitan Well-Known Member

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    No comment.
     
  5. JTEA

    JTEA Member

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    It brings to mind the poor weather days when shooters want to go out. Does a club shut down, or do they take the risk?

    Perhaps it will become common for clubs to have any and all people on the grounds sign waivers before attending anything.

    In PA it has become law that all equine facilities have standardized (large) signs on their entrances for all people entering property to accept their personal responsibility while on the grounds. Obvious liability issues. Perhaps gun clubs would be wise to follow suit? Sign of the times. Sounds like the club should have cleaned better, however, it also sounds like he was involved in the process. Tough call.


    JT
     
  6. shannon391

    shannon391 Active Member

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    The guy next door had a garage sale last year, this elderly women tries to get out of her car with a walker, trips and falls in his driveway. They were sued and the insurance co paid off.
     
  7. GunDr

    GunDr Well-Known Member

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    I may be wrong...but it's my understanding that here in Minnesota (MN law), if you're a member of a non-profit club, that you accept responsibility for yourself, because as a member, you are a "owner" of the club, and that you cannot sue yourself.

    This is what I was told by an attorney while we were amending our out-dated by-laws.

    Doug

    PS--Please do not confuse the club above with the North Star Sportsmens Club in WALKER, MINNESOTA.
     
  8. grntitan

    grntitan Well-Known Member

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    My mother-n-law(68) cut her right leg off below the knee last year in a mowing accident on a zero turn mower. Should she sue the farmer for the grass needing mowed or maybe the mower manufacturer for their blades being too sharp? I just don't get it. I hope the fellow is doing well but i really don't know how you place blame on anyone for being clumsy in winter weather. IF HE WAS GOING TO GET SNOW REMOVAL EQUIPMENT FROM THE BARN WAS IT NOT HIS FAULT THE SNOW/ICE WAS THERE???----Matt

    In case your wondering, my mother-n-law did not sue anyone and took her lumps like a true trooper. Yes she still mows grass on the same mower. We are just waiting for her to be allowed to wear her new leg.
     
  9. g7777777

    g7777777 TS Supporters TS Supporters

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    I will make a couple of comments

    l.mims and others blame the guy and dont think any action should be taken

    I can tell you that guys like l.mims cry like babies when they are injured and they have no income- no way to pay bills and are in pain or thier family is in distress.

    This story just tells you that the most likely injury that will be litigated is a slip and fall

    Most jurisdictions have as a defense prior knowledge- the sign mentioned above would be one example as well as someone that has used the facility a number of times

    Factors that dont get told in these stories are things statements like " this is really hazardous and we should do something about it" Well obviously when asked what they did about it after that statement and the answer is nothing- wellllllllllllllllllllllllllllllllllllll

    regards from Iowa

    Gene
     
  10. daddiooo

    daddiooo TS Supporters TS Supporters

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    Gun clubs don't have enough to worry about with all the guns on the property. Now we have to watch out for the clumsy and ignorant as well.
    So whose in charge of snow removal now????
     
  11. grnberetcj

    grnberetcj Active Member

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    You can bet that there is more to this "slip & fall" that has not been made public.

    There's something dark hidden in the woodpile which we'll probably never be privy to.

    Shooter's/club member's just don't file a lawsuit against a gun club because of a simple slip & fall.

    Curt
     
  12. Ljutic111

    Ljutic111 TS Member

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    I also feel sorry for the fellow and of course the gun club . I also wish I got compensated for all the long sustained injuries I received while working and brushed most off and later they came at me with a vengence . Still have both my legs so thats a blessing . The frivolous lawsuites of today are whats ruining this country and making lawyers rich .
     
  13. zeroed4x

    zeroed4x TS Member

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    Its got nothing to do with the injured mans well being.
    He will be fine providing he has insurance.


    Its got nothing to do with blame of who is at fault.


    We all know that it was not the fault of the Gunclub. Ice and Snow......
    This guy could have fallen in his driveway, his back yard or even your front step of your house.

    This man made his own choice to voluntarily be in this environment as a member of a club knowing full well of the risks that anyone would be exposed to. It matter not that the entrance was blocked with ice and snow. That's purely not the fault of the Gun Club. He volunteered.


    We all know who is at fault and who should take responsibility for the accident.


    The real issue here is how much of the 33% the lawyer is going to make from suing the gun club. That is really all this is about.


    These incidents are the cause of why insurance liability is so drastically high. There is a legitimate time and a place for negligence claims. Its only my opinion but I truly believe this guy could have most likely been pushed by is attorney and his own insurance company (who would indemnify him) to pursue it in this manner.


    This is why layers are on the top of my "Go burn in Hell" list.
     
  14. BIGDON

    BIGDON Well-Known Member

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    It wasn't a simple slip and fall, read the injuries and loss of a leg.

    Then they realize the deep pocket theory, ins. money. Hell they have plenty of it. It can never be ones own fault - someone has to pay according to the courts.

    Don
     
  15. kiv-c

    kiv-c Member

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    AMEN!, zeroed4x
     
  16. hcopd

    hcopd TS Member

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    I work in law enforcement and deal with lawyers all the time. They really are the scum of the earth. I dont know how they even sleep at night.
     
  17. senior smoke

    senior smoke Well-Known Member

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    It takes a lot of nerve to continued shooting at the same club that he just took to court.
    Steve Balistreri
     
  18. EuroJoe

    EuroJoe TS Supporters TS Supporters

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    How come the Doctor couldn't save the leg?? I's ALWAYS someone elses fault!!
     
  19. Hungarian

    Hungarian TS Member

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    Wow, if this had happened to me I could not have sued anyone. I guess I don't have it in me.
     
  20. davidjayuden

    davidjayuden Well-Known Member

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    A bit off topic here but if we would take on the British model of "loser pays" legal fees, etc, then these matters would be sifted down to the legit claims and the bogus nuisance claims would disappear.
    One thing to remember is that the "victim" here may have had no choice in the matter. Once his insurance co. pays money then he, the policy holder, is named as the plaintiff in the suit so the insurance co. can recover some or all of their money.
    Carry on.
    dju
     
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