Trial Magazine

Doe, 15, was spending the weekend at his friend’s house. Before leaving for work, his friend’s father, Matthew Munson, gave his son a list of chores, which included mowing the lawn. Munson’s son and Doe divided up the chores, and Doe used the family’s Troy Bilt push lawn mower to mow the sloped portion of Munson’s property.

Doe, who was wearing slider sandals, pulled the lawn mower backward, causing his foot to slip out of the sandal and move underneath the lawn mower’s cutting deck. The blade severed Doe’s right big toe, and efforts to surgically reattach the toe were unsuccessful. Doe’s medical expenses totaled more than $20,700.

Doe sued Munson, alleging the defendant failed to supervise him or instruct him on how to use the lawn mower safely. Suit also alleged that Doe was provided the lawn mower in an unsafe condition in that the defendant had not attached the rear grass catching bag onto the mower before letting Doe use it.

The defendant argued that the list of chores was meant for his son, not Doe. Additionally, the defendant argued that Doe was able to resume all levels of physical activity that he had enjoyed before the incident.

The parties settled for $250,000.

Citation: Doe v. Munson, No. 2019-CV-698 (Pa. Ct. Com. Pl. Columbia Cty. Dec. 5, 2020).

Plaintiff counsel: AAJ member Richard M. Jurewicz, Philadelphia.

Plaintiff expert: John Parenti, orthopedic surgery, Danville, Pa.