Philadelphia Personal Injury Attorney Blog | Pomerantz Perlberger & Lewis LLP

A 12-year-old boy from Altoona, Pennsylvania was found by a jury to be 50 % responsible for an injury he suffered when a concrete barrier in a church parking lot fell on him eight years ago. A Blair County, Pennsylvania jury found that although the church was negligent in maintaining the wall, the boy was old enough to know that the wall was dangerous and therefore was partly responsible for the accident. They awarded a finding of $253,093 in the premises liability suit, including $103,093 for medical expenses, $100,000 for pain and suffering, and $50,000 for loss of enjoyment of life. However, because the boy was found 50 % responsible, comparative negligence law means that the boy will only collect 126,546.50

Despite testimony that the lot had been used for decades by kids as a play area because of the lack of actual playgrounds in the downtown Altoona area, the church pastor testified that he was not aware that kids were using the parking lot as a play area. And because witnesses said they saw the kids rocking the wall before it fell, the boy was held responsible for the fall. One does not envy the jury that has to make a decision in a lawsuit between a permanently crippled child and a church. Perhaps the 50-50 liability split was their best compromise, but the boy will never walk right again.

If you have been injured as a result of negligent property maintenance, contact the experienced premises liability lawyers at Pomerantz, Perlberger, and Lewis, LLP today for a free initial consultation.