Facts

On May 11, 2019, plaintiff was swinging on one of the playground swings at defendant's recreational facility. As the swing was on an upswing, the metal link at the connection point with the seat tore through the plastic seat eyelet, sending plaintiff flying a significant distance onto a nearby rocky creek bed.

Plaintiff was transported to the hospital where he remained for 11 days. He suffered various orthopedic injuries, including multiple broken vertebrae, ribs, elbow and wrist, and a head laceration requiring staples.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that this accident could have been prevented if defendant had exercised due care in the use and maintenance of its swings. Plaintiff's contentions of defendant's negligence included: defendant failed to use appropriate swing seats for the commercial setting; failed to have an adequate 'use zone' around the swings with impact attenuating surface; did not regularly inspect the swings; and improperly maintained the swings by installing chain links that exacerbated wear-and-tear on the swing seat at the connection point.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's claims were barred by the primary assumption of risk doctrine in that plaintiff assumed the risks of using the swing and that defendant did not increase the risks inherent in the activity of swinging.

Specials in Evidence

Meds: $965,864 Loe: $83,333

Result

The case settled for $3.4 million