Wheeling Park Comm’n v. Dattoli

On September 1, 2007, the Dattolis were at Oglebay Park Resort in Ohio County, when Mr. Dattoli leaned against a split rail fence after glancing at the fence to ensure that its parts were attached. As he leaned against a post and put his hand on the top rail, the end of the top rail broke into pieces causing Dattoli to fall down a hill and injure his shoulder, requiring surgery and months of physical therapy. The Dattolis brought a negligence claim and presented the testimony of Hargleroad, the Park's Director of Operations since 1990, that the fence was installed between the 1970s and the 1990s; that the Park Commission produced no documents in response to the Dattolis’ request for repair and maintenance records; that wood has a life expectancy; and that the Park was in a better position to ensure that the fence was in good repair than a Park guest. The Commission presented no witnesses. The jury awarded the Dattolis $36,894.47 in medical expenses and $19,000 in lost wages. The court later granted the Dattolis a new trial on damages for pain and suffering. The Supreme Court of Appeals of West Virginia reversed; the Dattolis failed to establish a prima facie case of negligence, adducing no evidence that the Commission knew or should have known of the defect that allegedly caused Dattoli’s injury. View "Wheeling Park Comm'n v. Dattoli" on Justia Law