A Canton woman sued the Courthouse because there are tennis balls on the tennis court. Victoria Carter sued the University Wellness Center in Hinds County Circuit Court for a broken ankle sustained at the former Northeast Courthouse on Northtown Drive. She also sued tennis pro Arthur Jones and former owner John L. Black, Jr.
Ms. Carter took a tennis lesson on August 15, 2014. She stepped on a tennis ball and broke her ankle. She claims it was left on the court by Mr. Jones. She alleges they failed to treat her (although there is a Baptist Health Clinic next door). The complaint alleges:
At the time mentioned, the Defendant, Courthouse Racquet and Fitness now known as University Wellness Center, had a duty to maintain its business premises in a reasonably safe condition for invitees, including the Plaintiff. In breach of this duty, the Defendant negligently permitted the following hazardous conditions, creating a non-obvious and unreasonable risk of injury to business invitees, including the Plaintiff, in the following particulars:
I. Failed to supervise employees
II. Failed to adequately train employees in the proper protocol for the removal of balls so as not to create hazards for invitees
III. Failed to be aware of and terminate hazards created and neglected by employees
IV. Failed to adequately train employees in the proper protocol for medical treatment in the proper protocol for medical treatment in case of injury.
V. Failed to provide appropriate medical attention to a person who was injured by the Defendants' misconduct.
The case is assigned to Judge Winston Kidd. She asked for $200,000 in damages and interests. She is represented by Delano Funches.
24 comments:
This should be dismissed quickly... Delano? Really... he probably has a hard time getting clients due to that name alone. My goodness!!!
Seriously? No more words.
Sounds like a case for Jackie Chiles !
Sounds like a legit complaint to me. Somebody needs to pick up those damn balls!
They should sue the manufacturer. Tennis balls are unreasonably dangerous.
Unconfirmed reports claim that in the Plaintiff's demand letter, it was also noted that both Jones and Black repeatedly refused to give Plaintiff a hug.
Well at least she has someone else to blame. At River Hills, they step on their own balls.
Glad to see Funches is keeping the defense attorneys in business!
Jackpot Justice: jak' paht juus tis': the unjustified enrichment of individuals with the assistance of attorney's from unsuspecting defendant's for bullshit claims of injury, or loss. Particularly widespread in Hinds and Jefferson counties in Mississippi.
See fraud, blackmail and wrongdoing for further explanation.
Should be interesting. The Courthouse, Inc. dissolved. UMC purchased some assets and debts of The Courthouse, Inc. that probably don't include this lawsuit. Doesn't appear the plaintiff complied with the tort claims act to be properly suing UMC. Regardless, the case is crap and will get dismissed.
When she gets her money ,i am going to her house fall and sue her..lol
Another IDIOT with their hand out! There are no words!
bitter bitches......the lot of you
Advertising lawyers fomenting litigation. Pure and simple. I'm involved in a similar case like this now. Person tripped and fell in my yard. They were completely OK until they "remembered" they were hurt when they saw those scumbag plaintiff lawyer commercials on TV. They wanted the check they DESERVE!
Blood suckers.
Problem is, they got out of law school, there are no jobs around for the ones who finished at the bottom of their class, and they've got to make a living somehow - especially after taking on all that debt to go to law school. So, what do you do? You foment litigation, of course!
Worthless bastards.
Some lawyers are so bad they have to resort to get rich quick scams.
Big year for silly tennis-related litigation, it seems.
The Courthouse won't have the balls to take it to trial.
A tennis pro is supposed to know how to immobilize an ankle fracture? I suspect if he had attempted to do that, they'd be suing him for practicing medicine without a license.
The math in Hinds County, in case you're wondering, is this:
File meritless suit: $161.00
Draw Kidd or Green as judge: Ask for a cost of defense settlement (say, $150,000) because both sides know that neither judge will dismiss the case or deny the defendant's motion in time for an appeal before trial and, even if they did, the defendant would have to pay to appeal the ruling to the supreme court to get the case dismissed.
Settle for $10,000.
Deduct your expenses ($1,000 copies and such) fee ($5,000) and pay plaintiff
$4,000. Donate money to campaigns as appropriate.
It's about two hours worth of work when everything goes right.
I'm going to have to side with the Courthouse on this issue. It always makes me furious when someone comes around me and steps on my balls.
There should be a waiting period for tennis ball purchases and a limit of how many you can own or have in your little basket carrier at one time.... Or can we get a government mandate that all tennis balled must be square by 2018 so they will not roll when stepped on??? Safety first!!!!
I'm assuming had she not sued, when her insurance company reviewed medical claims they would notice the accident occurred on the property of the tennis people and her company would subrogate and recover or either refuse to pay her claim.
But, it should have stopped with that. Does she also intend to sue Fine Eyes for fitting her with those Ray Bans that made the fuzzy balls look like leaves on the tennis court? And the ball-boy who brought her the margarita?
Wait, there were tennis balls on a tennis court ? You're kidding ? Really ?
Geeeeees, this lady is stupid if she didn't know or expect that. More likely than not, they were HER tennis balls that she had been playing with. If not and they were there when she got on the court, she could and should have seen them and picked them up herself.
Suits like this are why we had tort reform.
LOL @ the thought of Kidd dismissing this, or any other civil case.
Not sure if this goes well with popcorn, but..
FUZZY BALLS COCKTAIL RECIPE
2 part Absolut® Citron vodka
2 part Bacardi® Limon rum
2 part peach schnapps
fill with 7-Up® soda
Mix alcoholic ingredients one part each - and add 7-up. Eight shots of each requires a 2L bottle of 7-up.
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