Pa. man paralyzed by tipped toilet prank gets $5M

[Ratickle]

AP 4 hr ago | By Associated Press

A man who became paralyzed from the shoulders down after relatives tipped over a portable toilet he was in received $5 million in a lawsuit settlement.


PHILADELPHIA — A man left paralyzed from the shoulders down when his relatives tipped over a portable toilet while he was inside has settled a Pennsylvania lawsuit against the toilet manufacturer, the relatives and others for $5 million.

Donald Adams III was on a camping and fishing trip with two cousins-in-law at the time, The Legal Intelligencer reported Wednesday.

The newspaper, quoting filings from Sullivan County in northeastern Pennsylvania, said the relatives backed their truck up to the toilet to lock Adams inside as a prank. However, they inadvertently knocked the toilet over when they banged on it and shook it, the lawsuit said.

Adams landed on his neck, causing several cervical fractures that left him a quadriplegic.

He was flown to Thomas Jefferson University Hospital in Philadelphia for surgery, and spent two weeks at Magee Rehabilitation Hospital, his lawyer said in a trial memo.

Adams and his wife sued the relatives along with the toilet manufacturer, Poly-San, and the installer. The lawsuit faulted the manufacturer for not providing ground spikes with the unit, despite holes designed for that purpose on the base, and the installer for resting the unit on a hill, and propping it up with wood.

Those defendants have argued that the relatives are alone responsible for his injuries, the Philadelphia-based legal newspaper reported.

The lawsuit was not immediately available from the courthouse, and no further details about the case could be obtained.

http://news.msn.com/us/pa-man-paraly...-gets-dollar5m

[Ratickle]

Hmmmm, I think I may have done something similar to a person or two once upon a time.......

[fund razor]

The relatives probably feel like crap.

[rschap1]

I was thinking it was a $hi++y deal, butt...

[poncho]

Can see the family having to pay, but the manufacture and installer, don't get that at all.

[fund razor]

the manufacturer for not providing ground spikes with the unit, despite holes designed for that purpose on the base, and the installer for resting the unit on a hill, and propping it up with wood.

These factors may have increased the instability of the unit, and increased the likelihood that a jackass could accidentally tip it over when they rocked it, I guess.

[Buoy]

How much alcohol was involved in this little "prank"?

[poncho]

the manufacturer for not providing ground spikes with the unit, despite holes designed for that purpose on the base, and the installer for resting the unit on a hill, and propping it up with wood.

These factors may have increased the instability of the unit, and increased the likelihood that a jackass could accidentally tip it over when they rocked it, I guess.

Even so I would not award anything from the manufacture or installer if I was on a jury. If used properly it wouldn't have tipped over. Not a manufacture or installer error. U.S needs to cap lawsuits like here. So companies aren't sued simply because they have money to pay a big reward.

[fund razor]

Ok. I was addressing the issue of "not getting it at all."

Not agreeing with it is something else.

And if the installation parameters preclude installing it on a hill and propping it up with wood, yes indeed, it is an "installation error."
(Without regard to the installer's civil liability for said error.)

Of course, one must intellectually discern between the causal impact of jackasses rocking it and the failure to ship anchors or install it on a firm, level surface.

Do you happen to know that the manufacturer of the product "has money to pay a big award?"

[fund razor]

How much alcohol was involved in this little "prank"?

My guess?

Fishing trip?

LOTS.

[Buoy]

My guess?

Fishing trip?

LOTS.

I'm sure you realize that was a rhetorical question.

[fund razor]

I stand behind my guess.

[poncho]

Do you happen to know that the manufacturer of the product "has money to pay a big award?"

Everyone assumes businesses have money.

[Ratickle]

In the US they have insurance that equals them having money.

And you won't see a cap like in Canada here. The majority of politicians are lawyers. Almost every judge is a lawyer. There is a reason over 80% of the world's lawyers all live, and practice, in one country....

[fund razor]

Everyone assumes businesses have money.

Anyone that has actually built a business and operated it with their own capital makes no such assumption.

[Ratickle]

It would seem to me that if their plan was to rock and tip the toilet, like we've done when young, the stakes in or out would have not been an deterrent at all. I know it wouldn't have slowed us down much unless they were over a foot long minimum!