Woman loses finger; loses case alleging negligence
Jamie Harrison, a social visitor to his home, sued Carl Harrison for negligence. Her finger became entangled in a chain link fence gate and was severed. She could not explain, however, how the finger was caught in the gate. She could not remember precisely where she had placed her hand, or whether she placed it near where the Defendant suggested it may have been caught by a bolt.
The trial judge noted that there were numerous protrusions on the gate, including the bolt mentioned by the Defendant, and sections of chain link such as the one where the Defendant "found [Jamie's] ring dangling." Under the circumstances the trial judge held that Jamie could not prove what caused her injury and that it resulted from negligence. The Court of Appeals upheld this result. It is impossible to tell, from the record, whether this is a case of a dangerous gate that was inadequately proved by Jamie's attorneys, or a case involving a reasonably safe gate that was simply the site of a bizarre injury.