The plaintiff in the case, Tamara Long, was visiting the defendant, Laeiad T. Hurless, at her home on April 5, 2006, when the injury occurred.  Long and her friend, Joanna Hurless, were climbing a stack of railroad ties on the patio of Hurless’ home.

The suit specifically stated: “At the aforesaid time and place, as plaintiff climbed up and down on the stack of railroad ties, a railroad tie shifted and rotated beneath her, thereby exposing a previously concealed rusty railroad spike, which was driven into one of the railroad ties…as the railroad tie shifted out from under her the plaintiff fell, landed on the rusty spike and was impaled, with the rusty spike extending from her thigh up toward her pelvis to an undetermined distance.” 

As a result of this gruesome injury, Long suffered severe and permanent injuries, became unable to perform her regular activities and responsibilities, and lost the value of her own time. Additionally, she suffered significant pain and suffering.

Long sued Hurless for negligently failing to properly maintain the patio, failing to provide slip guards, failing to warn of a dangerous condition, failing to reasonably inspect her property, allowing the premises to remain in a dangerous condition and allowing the railroad ties to remain loose for an extended period of time. 

The parties have now settled the claim and the Judge dismissed the case which has been on the docket for nine years.  It is always nice to see when parties can amicably agree to terms of a settlement so that someone who is seriously injured can afford their medical bills and be adequately compensated for their losses.