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Woman appeals workplace injury claim for new trial, judge denies

Lawsuits can be extremely complicated. This is why attorneys are often best suited to handling the matters. A prime example of this is a recent attempt by a worker who was injured while on the premises of her employer. Her on-the-job accident resulted in serious injuries that required medical care and surgery but the courts did not side with her claim.

On March 10, 2007, a woman working for a department store at the King of Prussia Mall in Montgomery County, Pennsylvania, slipped and fell on a tile floor near to where her position required her to be. She sustained severe damage to her knee as well as some damage to her hands. According to her suit, the injuries eventually resulted in an infection and pulmonary embolism. In addition to these conditions, she received knee replacement surgery.

When she filed her suit, she made a claim against the company contracted to perform janitorial labor for the department store. According to her claim, the tile floor had become slippery because of melted snow that had been brought in on the shoes of employees belonging to the janitorial company. The initial trial lasted for six days and occurred in February 2011. Records indicate that the jury sided with the defendant, claiming that it would not be held negligent in the matter.

An appeal was filed, claiming that some evidence was either improperly included or excluded, among other things. Such evidence included a meteorologist who testified for the defense that no precipitation had fallen during the time in question. That meteorologist also reportedly stated that he had not been on the premises and had not seen the conditions first hand.

A federal judge ruling on the appeal stated that it would not be heard because the arguments of the plaintiff do not hold. The major reason that the woman requested a new trial was because of the meteorologist's testimony.

Source: Pennsylvania Record, "Judge denies plaintiffs' petition for new trial in workplace injury case," Jon Campisi, March 22, 2013

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Gregory R. Gifford
  • RGS&G Firm News

    "Gregory R. Gifford, a partner at the Lansdale law firm of Rubin, Glickman, Steinberg and Gifford, P.C., was elected Vice President of the Montgomery Bar Association on January 13, 2017. Mr. Gifford is a past Director of the Association and has also served as its Treasurer and Secretary"Read more...

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Rubin, Glickman, Steinberg and Gifford has been a member of the local Penn Suburban Chamber of Commerce (previously known as North Penn Suburban Chamber of Commerce) for more than 25 years.

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