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Saturday, November 03, 2007

RVer who sued for stepping in marmot hole loses award

A RVer who twisted her ankle by stepping into a marmot hole in a Wyoming RV park is not entitled to damages from the operator of the park, the Wyoming Supreme Court ruled on Nov. 2. The court reversed an award that Pamela Tessman of Riverton had won in Hot Springs County District Court against the Fountain of Youth RV Park in Thermopolis.

According to the court decision written by Chief Justice Barton Voigt, Tessman was staying at the RV park in 2003 when she stepped into a marmot hole and twisted her ankle. Tessman sued in District Court in Hot Springs County and was awarded more than $259,000, which was reduced by 25 percent "for contributory negligence," the court ruling states.

In overturning the District Court award, Voigt stated that landowners do not have a duty to protect guests on their property from "a naturally occurring, known and obvious hazard."

posted by Chuck Woodbury at 11/03/2007 11:30:00 AM

42 Comments:

  • Very good

    By Anonymous Anonymous, at 2:58 AM, November 17, 2007  

  • Hurray for the Wyoming Supreme Court! I think it's about time that much of these frivolous tort cases are thrown out and the initiaters should be made to pay all associated costs. People are abusing this system to bypass personal responsibility or as a get rich quick scam because there is no downside, you lose the case your out nothing.

    By Anonymous Anonymous, at 3:16 AM, November 17, 2007  

  • To those who want to sue ....... You know, sooner or later you have to take responsibility for your own actions.

    By Anonymous Anonymous, at 3:47 AM, November 17, 2007  

  • Thank God for finally some sort of jurisprudance restraint. The fact that a lower court allowed the plaintiff to prevail was unfortunate and the award was overstated. It is time for accidents to stop being the award of a lottery.

    By Anonymous Anonymous, at 4:32 AM, November 17, 2007  

  • Goody!!!!! Good decision,,,,,poor decision by lower court.
    MMc

    By Blogger Mike McFall, at 5:10 AM, November 17, 2007  

  • I think she and her attorney should have to pay ALL court costs!

    By Anonymous Anonymous, at 5:12 AM, November 17, 2007  

  • Great news, finally some judges with common sense.

    By Blogger Monte, at 5:35 AM, November 17, 2007  

  • I fully agree with the judge, LOOK where you go.

    By Anonymous John van den Eynde, at 5:47 AM, November 17, 2007  

  • In 2006 my wife stumbled over a small rock pile in a Quebec campsite and broke her ankle. It was obviously there in plain sight. We didn't even think about suing. It's a camp site- what do you expect? The only alternative is to get rid of all the trees, grass, birds, and cute little critters, and pave over the camp site.

    Most people go to litigation for such things because they and their lawyers see it as an easy way to make money. The awards handed out in such cases, if successful, bear little relationship to the actual harm harm done. The lawyer gets most of the money anyway, as usual.

    By Anonymous Anonymous, at 5:52 AM, November 17, 2007  

  • It is good to hear of at least one jusdge with "common" sense.

    By Anonymous Anonymous, at 6:23 AM, November 17, 2007  

  • Finally a Judge with some common sense! I feel sorry for the injury of this lady, but accidents happen everywhere. Our society has gotten entirely to "sue" happy.

    By Anonymous Anonymous, at 6:33 AM, November 17, 2007  

  • how stupid. this is obviously a frivolous lawsuit and the person who sued should be made to pay all expenses on both sides. if the plaintiff thinks that she has the right to sue for any little thing she should stay at home and watch the travel channel and sue the tv for lack of exercise.
    F. Cole

    By Anonymous F. Cole, at 6:42 AM, November 17, 2007  

  • Looks like some Judges are finally getting smatter!

    By Anonymous mnsprk, at 6:53 AM, November 17, 2007  

  • how stupid.the plaintiff should be made to pay all parties, expenses and in future stay at home and watch the travel channel on tv,{maybe she could sue the tv for loss of exercise}
    F.Cole

    By Blogger frankcole, at 6:55 AM, November 17, 2007  

  • Ahhh, finally a decision that makes sense. How does a park owner control marmots?!? I have gophers and can't get them controlled either. If you can't watch where you are walking, stay home. I get really tired of law suits filed because people think they have no responsibility to care for their own safety. It is always someone else's fault.

    By Anonymous ToBNamedL8r, at 7:19 AM, November 17, 2007  

  • Thank you for showing "the rest of the story". Too often we hear about crazy awards. We forget that anyone can sue anybody...the real story is in who wins. Who in their right mind thinks $295,000 is reasonable for a twisted ankle. Lawsuit lottery is alive and well in the U.S.

    By Anonymous Anonymous, at 7:23 AM, November 17, 2007  

  • Good for that Judge! Just another ridiculous, frivolous lawsuit by an idiot that should sell that RV, stay on the sidewalk.

    By Blogger Ron, at 7:28 AM, November 17, 2007  

  • Good for that judge! People have lost the sense of self-responsibility. They have adopted the "victim" mentality. "Anything which happens to me is always the other person's fault."

    It's time to realize that things happen, get over it.

    By Anonymous Anonymous, at 7:30 AM, November 17, 2007  

  • Looks like she was trying for a new free diesel pusher for her travels.

    By Anonymous Anonymous, at 7:55 AM, November 17, 2007  

  • Maybe the system does work sometimes. The woman is probably one that leaves trash at the Wal-Mart parking lot.
    wd

    By Anonymous Anonymous, at 7:55 AM, November 17, 2007  

  • It might have been her medical insurance that forced her to file. That happened to me, I slipped on ice in a parking lot during an ice storm and broke my hip. Now, I knew the parking lot owner couldn't help it, the whole world was slippery that day. But my medical insurance refused to pay until I filed a claim against the parking lot owner. Dumb.

    By Blogger Sunny One, at 7:59 AM, November 17, 2007  

  • I certainly agree with those who are glad the court ruled against this lawsuit, and I agree it's high time common sense prevailed. However, I don't agree with making harsh statements about the person who sued, like calling her an "idiot" or lumping everyone who does bring a lawsuit as a money-hungry "lottery" winner. Perhaps this person didn't have health insurance and with the outrageous fees being charged today for medical services, maybe that's why she sued...not just to get rich quick or buy a new diesel truck. Think what you will, but be nice in your comments. We all need to take personal responsibility for our actions and that includes how we talk about others. Be sure to attack the problem, not the person!

    By Anonymous Anonymous, at 8:59 AM, November 17, 2007  

  • Wait a minute, maybe she didn't have health insurance and twisted her ankle so bad it required reconstruction and the RV campsite owner's insurance company won't pay her hospital bills! Then she had no choice but to sue. You have to know all the facts too. For instance maybe five other people have been injured in this same park by Marmont holes and the owner never even tried to do something about it. Also the litigation expense was huge I'm sure, and if the park owner was negligent the jury awarded punitive damages.
    The insurance companies sit back and collect high premiums and then don't pay ligitamate claims. Are you prepared to lose your assets because when you're injured somewhere the insurance company won't pay and you go bankrupt over hospital bills.
    The leading cause of bankruptcy is lack of health insurance, a catastophic health event happens and the hospital says pay up or we don't operate then what would you do?

    By Anonymous Anonymous, at 9:07 AM, November 17, 2007  

  • No wonder our court systems are so tied up- litigation due to garbage such as this, that causes pertinent cases to spend years and many $$$ in the system! What a tragedy! However, I do agree with the comments regarding the insurance companies and being forced to sue or possibly lose everything you have in order to pay the medical bills.

    By Anonymous Anonymous, at 9:24 AM, November 17, 2007  

  • The way I read the article. The judge let them still get almost $200,000. It said he reduced the award by 25%. So he did not cancell the award. I do agree with the rest of the commenters that this is a frivolous law suit. If anything they might have been made to pay medical costs but not much more. I do agree with the judge that they contributed to the acident by not watching where they were going.

    By Anonymous Anonymous, at 9:34 AM, November 17, 2007  

  • It's that 95% element of lawyers that make the other 5% look bad.

    By Anonymous Anonymous, at 10:05 AM, November 17, 2007  

  • I find it interesting that of 24 comments no one supports the original suit - even though several can mention there might be medical cost reasons the suit might have been filed. It seems the overwhelming response to this article by us RVers is that personal responsibility and common sense should prevail - I say HURRAH!

    By Blogger Kitty, at 11:10 AM, November 17, 2007  

  • I feel sad this lady was injured.. but there should be no responsibility from the RV Park or it's insurance company for her accident; just as the judge decided.

    Just because she is poor or her insurance doesn't want to pay is really not a reasonable excuse to sue the RV Park.

    It was her responsibility to watch where she was walking and be aware of her surroundings.

    Had the RV Park created the hole (ie.. post hole or hole for planting something) and not provided a reasonable barrier, then they could possibly have had some liability.

    By Blogger Al, at 11:15 AM, November 17, 2007  

  • If you are going to be a part of something that is giving so much pleasure and Escape from the usual sue happy, unfriendly obsessive world out there, hopefully to enjoy a more natural and fulfilling way of life. For heavens sake take Some responsibility for yourself and don't ruin it for the rest of us. We must discourage the sue happy people from destroying this wonderful privilidge, and making it impossible for R.v. resorts, or campgrounds to cope, with the idiots out there. Let them stay in their city stressed out and competitive atmosphere and leave us alone.

    By Anonymous Anonymous, at 11:29 AM, November 17, 2007  

  • Will the marmot countersue for emotional distress? As well as assault?

    When will it end?

    By Blogger Bruce and Jenna, at 11:56 AM, November 17, 2007  

  • At last a Judge who has sense to not award someone for their own clumsiness. It is time that the courts stop awarding such out rageous awards for things that people do themselves and want to be paid for it. Shame on them.

    By Anonymous Anonymous, at 1:38 PM, November 17, 2007  

  • IF she had won her case...LOOK OUT none of us would be able to afford to go camping any more. Campground insurance would skyrocket. The cost would then be like seeing a Dr where half the bill is to cover malpractice ins.

    By Anonymous Anonymous, at 1:47 PM, November 17, 2007  

  • Just because you do not have health insurance does not make it the responsibility of a property owner to pay for your medical bills, if he has made reasonable attemps to provide a safe environment.

    Look at it this way. If while driving and talking on a cell phone you run into a parked car in someone's driveway. You shure better not expect the property owner to pay for the repairs to your car and any medical bills. Instead you better expect to pay him even if you are an un-insured driver.

    Life is tough. Just because she may not have been able to aford health insurance or otherwise chose not to carry it is no reason to say the park owner or any property owner should pay for her accident. For all those who think the park owner had insurance and she did not just remember we all pay for her award either in higher prices for products or services and/or higher insurance premiums.

    Even if she had Health Insurance and they would not pay untile she file suit against the park owner the lower court should have either found for the owner or awarded a more reasonable award.

    By Anonymous Anonymous, at 3:13 PM, November 17, 2007  

  • I'm from Wyoming and as a retired county sheriff was sued 4 times in my last two years in office. The judge kicked all the suits out except one. That one is still pending. All were frivilous lawsuits where someone was looking for some quick money. Like the one poster stated "eveutually the suer has to face the truth of their actions". Keep up the good work Wyoming..

    By Anonymous Anonymous, at 5:24 PM, November 17, 2007  

  • No offense to you, but these kind of folks are idiots, yes loser idiots dragging down the system. I'm sick of it myself

    By Blogger Ron, at 7:10 PM, November 17, 2007  

  • I wonder if we are all on the same page on this. That is, did the RV park have liability insurance on their property? I should think so, and that is the entity that she would have had to file a claim against. A lawsuit is above and beyond insurance. So it seems to have been filed to be punitive or simply in hopes of a 'cash cow'. Liability insurance should have paid for the doctor bills, and that should have been the end of it.

    By Anonymous Anonymous, at 8:15 AM, November 18, 2007  

  • Anonymous posts are a waste of bandwidth and carry no validity of opinion. I believe if you can't stand up and back up what you say then you ought to say nothing, not just post anonymous garbage.
    My wife fell at a RV park recently because there was a unmarked 2 inch step up into the Registering office. She didn't see it and went down pretty hard even banging her head on the door, she was opening.
    The manager and her people made every effort to help her and make sure she wasn't badly injured. she only had some bruises and scrapes.
    We would not consider sueing them and why would we?
    We thanked them for their concern and care and that was the end of it. We continue to go to this RV park and happy to see there is a warning yellow paint there now.
    Best to all except the anonymmous posters.
    Bill Forrest, San Jose, CA

    By Anonymous Bill Forrest, at 9:29 AM, November 18, 2007  

  • About 6 weeks ago we were camping in Oklahoma. I was out taking a walk with my sister-in-law and fell. My sunglasses broke my fall and gave me a real shiner. and a lump next to my eye. I never at any time gave a thought to sueing the park, I was the cluts. It is finally going away. But it may be 3 more weeks til completely gone. And I work with public through all of this.

    By Anonymous Anonymous, at 10:08 AM, November 18, 2007  

  • Let's hear it for the Supreme Court!!!!!!!I wanted to paste several Smileys clapping here but it will not allow Smileys to be pasted on this note.

    By Anonymous Anonymous, at 8:05 PM, November 18, 2007  

  • AMEN! It is about time that someone is turned down for an obviously outlandish claim. Does anyone think that maybe she should have watched where she was walking? I personnaly have to watch where I walk in rv parks otherwise I might end up with my foot stuck in the sewer line. Do you think I could sue? HAH!

    By Blogger TB, at 8:29 AM, November 19, 2007  

  • Better yet, the plaintants lawyer should have to pay all court costs and defendants legals costs!

    By Anonymous Anonymous, at 3:28 PM, November 19, 2007  

  • Look at the cost of Insurance, due to ridiculous lawsuits like this. If those type of RVers start getting away with this kind of thing, the only one's who will lose will be the rest of us. RV parks will either need to raise prices or close because their Liability coverage will increase.
    I hate to say it, but I hope she spills her coffee.

    By Anonymous Anonymous, at 5:11 PM, November 20, 2007  

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