June 20, 201214 yr It couldn't have been for attractive nuisance, or your judge misinterpreted it. Can you appeal it? Attractive Nuisance Doctrine - Premises Liability It may fall under some sort of negligence as explained here. Contractor's Liability on Construction Site : New Jersey Law Blog
June 20, 201214 yr It couldn't have been for attractive nuisance, or your judge misinterpreted it. Can you appeal it? Attractive Nuisance Doctrine - Premises Liability It may fall under some sort of negligence as explained here. Contractor's Liability on Construction Site : New Jersey Law Blog We looked briefly into appealing it, but financially it made more sense to just deal with the original decision. I could be somewhat misunderstood, because everything was more-or-less handled up by the attorneys and the higher ups here at my company, but it was my pretty clear understanding that everything was falling under attractive nuisance laws. :idunno:
June 20, 201214 yr We looked briefly into appealing it, but financially it made more sense to just deal with the original decision. I could be somewhat misunderstood, because everything was more-or-less handled up by the attorneys and the higher ups here at my company, but it was my pretty clear understanding that everything was falling under attractive nuisance laws. :idunno: Without getting onto WestLaw and looking up Kentucky statutes or case law, I don't know for sure. Seems to go against the intention of the exception to liability to trespassers.
June 20, 201214 yr Without getting onto WestLaw and looking up Kentucky statutes or case law, I don't know for sure. Seems to go against the intention of the exception to liability to trespassers. Read this. http://162.114.92.72/coa/2004-ca-000215.pdf. I feel as if you got hosed.
June 20, 201214 yr Read this. http://162.114.92.72/coa/2004-ca-000215.pdf. I feel as if you got hosed. Hmm...I think I might pass this on to the big guys. Our case actually took place up in Lucas County, OH (just outside Toledo), but I'd like to see what the opinion on this is from our attorneys. Thanks!
June 20, 201214 yr Hmm...I think I might pass this on to the big guys. Our case actually took place up in Lucas County, OH (just outside Toledo), but I'd like to see what the opinion on this is from our attorneys. Thanks! I'll find something for Ohio for you then. The above case was not decided for its evidence. It was more procedural in that the losing party didn't have any evidence, only it's testimony.
June 20, 201214 yr The evidence is that there is no evidence, therefore I should win because the evidence that there is no evidence says so. Good Day Sir.
June 20, 201214 yr http://statecasefiles.justia.com/documents/ohio/ninth-district-court-of-appeals/2006-ohio-4465.pdf Here you go. That's a start. http://statecasefiles.justia.com/documents/ohio/ninth-district-court-of-appeals/2006-ohio-4465.pdf I can't find out whether the case is still good law or not. Your attorney would need to research that. I'm assuming that they hit your company for some sort of negligence, not attractive nuisance.
June 20, 201214 yr http://statecasefiles.justia.com/documents/ohio/ninth-district-court-of-appeals/2006-ohio-4465.pdf Here you go. That's a start. http://statecasefiles.justia.com/documents/ohio/ninth-district-court-of-appeals/2006-ohio-4465.pdf I can't find out whether the case is still good law or not. Your attorney would need to research that. I'm assuming that they hit your company for some sort of negligence, not attractive nuisance. Alright. I'll pass this on for sure. Frankly, I felt 100% like we got hosed, but apart from it being a jobsite for one of my projects, I wasn't really involved very much. My on-site superintendent was the party on-hand for my company, and our president and VP of operations were the ones who handled the dealings with the attorneys. I appreciate you checking this stuff out though... Thanks again!
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