Article from the Duluth News Tribune

Teacher awarded nearly $250,000 for injuries in fall

City of Duluth found liable for accident in gym

BY MARK STODGHIL
NEWS TRIBUNE STAFF WRITER

A physical education instructor who coached the University of Minnesota Duluth wrestling team was awarded nearly $250,000 by a St. Louis County jury Friday.

Neil Ladsten, 55, and his wife. Colleen, brought the personal injury lawsuit against the city of Duluth last February after he fell in a city gymnasium.

On March 4, 1999, Ladsten slipped and fell in a puddle of water on the floor of the Washington Center gymnasium as he instructed a Lake Superior College volleyball class.

Ladsten broke three bones in his left leg and ankle and tore ligaments, and his injuries led to life-threatening blood clots and a pulmonary embolism.

The plaintiffs argued that the water on the gym floor came from a leaky roof. They also argued that the condition had existed for at least four months with a dozen complaints being made about the problem. There was no warning posted of the potentially hazardous condition.
The seven-member jury deliberated less than three hours and determined:

* The city knew or had reason to know that it was allowing a condition that was likely to cause death or serious bodily harm to gym users.
* The city had reason to believe that the users of the gym would not discover it.

"I thought my attorney just did an excellent job of representing Colleen and I," Ladsten said from his Duluth home. "It's wonderful news to get this because it's not easy to win a claim from any city. But looking back, I guess if I could turn the clock back and forfeit the money and have my leg back, I'd rather do that. It's been hard. It's been almost three years, and I've got a bum leg." A screw remains in Ladsten's leg, and he suffers from chronic swelling. He can't stand for long and can't jog or take long walks with his wife and dogs. Medical testimony at the trial indicated his ankle joint will keep degenerating.

Assistant city attorney Cynthia Albright, who argued for the defendant, did not return messages seeking comment after the verdict. City Attorney Bryan Brown was out of town and couldn't be reached.

"I think the jury was very conscientious and did a really careful job on a difficult case," said Frank Abramson, the Minneapolis attorney representing the Ladstens, "We think it was a very serious injury that Neil sustained, and we think the result was appropriate."

Jurors awarded Ladsten $110,000 for future pain, disability and emotional distress; $65,000 for past pain, disability and emotional distress; $25,000 for future health care expenses; $21,945 for past health care expenses; $5,855 for past wage loss; and $305 for other expenses. The total award was $228,105.

Sixth Judicial District Judge John T. Oswald presided over the four-day trial.

Ladsten played three sports in high school and football at UMD, but said he never sustained a serious injury,

"I had some good doctors, and I'm very fortunate to be here today," Ladsten said.