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A Nebraska Supreme Court has ruled that a woman that was seriously injured in a fall down an empty elevator shaft at her workplace can sue a real estate company operated by her employers. Darlene Howsden was an employee of a Lincoln funeral home in 2009 when she attempted to cut through a makeshift hallway that employees often used. The hallway was through an elevator shaft by the top of an elevator car that usually rested on the basement floor of the building. Ms. Howsden was unaware that the car was not on the basement floor and fell 16 feet to the building’s basement floor and was severely injured.
She received workers’ compensation benefits but decided to sue the real estate company that owned the mortuary to recover additional damages. Roper’s Real Estate tried to convince the court that it is owned and operated by the same shareholders as Roper & Sons Inc. which operated the mortuary making workers’ compensation benefits Ms. Howsden’s sole remedy for damages. However, the court did not agree.
Ms. Howsden can now proceed with her lawsuit for unspecified damages, including lost wages, pain and suffering for the back injuries she received.
If you or someone you know has been injured or hurt at work you need information. Contact our Ohio Workers Compensation lawyers at 800.637.8170 to order your free copy of “The Ohio Workers Compensation Book”.We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties.
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Charles Boyk Law Offices, LLC
PNC Bank Building
405 Madison Avenue
Suite 1200
Toledo, Ohio 43604
Phone: 419.241.1395
Fax: 419.241.8731
Toll Free: 800.637.8170
Bowling Green
121 E. Wooster Street,
Suite 255
Bowling Green, Ohio 43402
*by appointment only, please
South Toledo
5301 Southwyck Boulevard
Suite 107
Toledo, Ohio 43614
Findlay
612 Main Street,
Suite 107
Findlay, Ohio 45840
Swanton
10725 Airport Highway
Swanton, Ohio 43558
