$500,000 Award to Woman Injured by Falling Swing Set Bar in Pennsylvania

By Mary Mitchell

Published on February 20, 2007

Sider filed a lawsuit in August 2003, claiming that the borough had failed in its duty to maintain the 37-year-old swing set's cross-bar, which was cracked and severely rusted. The suit claimed that after the cross-bar fell from a ten-foot height onto Sider, she suffered a fractured skull, a bruised eye, multiple fractures to the orbit of her right eye, a subarachnoid hemorrhage, severe bruising and swelling to her head and face, jaw damage, and a subdural hematoma. The borough's attorney argued at trial that Sider's injuries were temporary, and that hospital tests taken the day of the accident described Sider's injuries as "mild." He also noted that Sider returned to her full-time job in September 2001, and continued to work full-time until 2004.

Sider's attorney, Jim Stein of Stein, Schemel, Wine and Frey LLC of Waynesboro, argued that although Sider's injuries were considered mild to moderate, they have caused permanent damage and cognitive defects, and that Sider now has trouble speaking and with her memory. Pennsylvania National Mutual, the borough's insurance company, is expected to pay the award, according to the Waynesboro borough manager. No one from the borough presented testimony in the trial.

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