Plaintiff and Defendant went on a fishing trip to Lake Erie in Ohio. After fishing, the men moved the boat out of the water and onto a trailer. They then started to unload tackle and personal items from the boat. Plaintiff made 3 trips to and from the boat. Each time Plaintiff moved items he jumped off the back of the boat. On the 3rd trip he jumped off the boat, he broke his leg. Plaintiff sustained a right bicondylar tibial plateau fracture and tibial shaft fracture requiring open reduction internal fixation with compartment fasciotomy. Plaintiff contended that the Defendant failed to provide proper and safe ingress and egress to and from the boat. The defense asserted that the trailer had a step and that the Plaintiff elected not to utilize it. In addition, the Plaintiff was solely responsible as it was his decision to jump off the back of the boat.
Verdict: Not Guilty. Special Interrogatory: Was the Plaintiff’s negligence, if any, more than 50% of the total proximate cause of the injury for which recovery is sought? Yes.
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Category: Fractures, Tears, and Dislocations, Leg Injuries