Wednesday, May 22, 2024

Neosho woman sues city, Freeman Family YMCA after injuring shoulder at Neosho Municipal Pool

A Neosho woman filed a personal injury lawsuit against the City of Neosho, Freeman Family YMCA and Tri-State Family Young Men's Christian Association Tuesday in Newton County Circuit Court claiming she was injured when a pool chair collapsed at the Neosho Municipal Pool.

According to the petition, only one of the chairs provided at the pool was available to Donna R. Pilant September 6, 2021 and that chair turned out to be broken. When Pilant sat in the chair, it collapsed, injuring her shoulder, which later required surgery.

The lawsuit alleges negligence against the City of Neosho, Freeman Family YMCA and Tri-State Family YMCA, the organizations that managed the pool for the city.

Pilant is asking for damages and costs. She is represented by Edward Hershewe of the Hershewe Law Firm of Joplin.


Anonymous said...

Here we go again, Donna R. Pilant, is suing for negligence, The City of Neosho, NEOSHO FREEMAN FAMILY YMCA, and TRI-STATE FAMILY YOUNG MEN’S CHRISTIAN ASSOCIATION.

When do we stop the madness and just start making everyone sign - Non-Liability Legal Documents for everything. That way you are responsible, not a business, not a non-profit, you take personal responsibility upon yourself.

We cannot keep paying for all these lawsuits - it drives up our cost to do business or any other service, because we all are expecting to get sued.

These lawsuits will drive up the cost where the average individual cannot afford to use a facility like the YMCA.

Since Edward Hershewe of the Hershewe Law Firm of Joplin, is taking her case, like a shark, he sees blood in the water, or should we say a fat payday.

Anonymous said...

@12:05 so you'd be okay sitting down at a place of business, that chair breaks, injures you, and you're going to say "oops, my fault". I highly doubt that.

Anonymous said...

Anonymous 7:14AM - Please, I do not know this woman, Donna R. Pilant, but I do know that people never take responsibility for their actions and always try to blame others. Should they pay for her medical bills - YES, should they pay her the rest of her life - NO.

Does she even work???

If a Kid is out Trick-or-Tricking, falls on your front porch, breaks their arm, should you be sued into Bankruptcy??? OF COURSE NOT!!!

Read the Case Net - Petition. They are suing them for everything, but the Kitchen Sink.
They are Suing 3-Different Entities to get Money - The City of Neosho, NEOSHO FREEMAN FAMILY YMCA, and TRI-STATE FAMILY YOUNG MEN’S CHRISTIAN ASSOCIATION.

She and her Attorney - are blaming 3-Different Entities and the Entire Staff, for not checking every chair, rug, door, etc., etc., etc., every day to see if they are safe, who can afford to do that and run a business - WHO??? Should the Schools check every Nut and Bolt on all the Chairs, Desk, Etc., Etc., are they Tight on a Daily Basis before the Kids can sit down???

Again, I do not know - Donna R. Pilant, did she put herself in harm's way by Weighing to much, by having Balance or Support Issues, having Brittle Bones, from Smoking, Drinking, Drugs, Etc., Etc., Etc., - - is anyone responsible for themselves???

She has been in a Lawsuit - Case Number: 19NW-PR00113, since June 11, 2019 - for TAKING UP PETITION FOR GUARDIANSHIP OF MINOR - that is a long time to Fund a Legal Case!!!

Who do you think makes the Money - Not - Donna R. Pilant, but her attorney - Edward Hershewe of the Hershewe Law Firm of Joplin - at Least 50% or more of the Settlement.


Anonymous said...

"She and her Attorney - are blaming 3-Different Entities and the Entire Staff, for not checking every chair, rug, door, etc., etc., etc., every day to see if they are safe, who can afford to do that and run a business - WHO??? "

Really? This is your argument? This is the hill you want to die on?

This literally places the blame on them, ahem: "who can afford to do that and run a business". Every business owner knows this is their responsibility. If they can't afford it, they shouldn't be in business to begin with.

Anonymous said...

8:16AM, Yes we agree with 5:36PM to many frivolous lawsuits. So we should start closing every Business and just open up Law Offices on every corner???

I can tell you that you have never owned or operated a business!!! Business owners and their staff cannot go to work every day and spend their entire day trying to figure out where every potential hazard is, where someone is going to do their slip and fall, or that chair is going to collapse.

Why don't they sue the chair manufacturer, for not maintaining or warranting, or insuring their products for life? No one does this, so they sue everyone that touched or had possession of that chair. Could the manufacturer had created a product that had issues, was defective, is it the manufacture's fault their chair broke under the final weight of this person?

Did the chair manufacturer require daily, weekly, monthly, annual maintenance, to this chair, is it listed or was the 3-parties being sued notified of this why isn't the manufacturer not being sued??? So let's make the little guy, the business owner pay for faulty or defective products... Make sense to the lawyers who only want a payday!!!

Anonymous said...

There will always be people who file frivolent or fraudulent lawsuits. This is why businesses are required to have liability insurance. Move on with your life.

Anonymous said...

10:26 PM, You do not seem to understand business and it challenges or want to learn anything, so it easy for you to just move on with your life and not have to deal or worry about it. It is not just as simple as buying liability insurance. They will always sue for the maximum amount of your Liability Insurance or over that amount, which then could require if you lose the case to sell or bankrupt the business to cover the Cost and Judgement and then you have to pay your Attorney Fees, very expensive and that does not mean the Liability Insurance Company will Pay out!

We need to legislate financial caps on these lawsuits, and plaintiffs need to be held financially responsible when they bring frivolous lawsuits, so that we do not drive small businesses to Bankruptcy or Closing. Remember every large business started off as a small business. We need small businesses to survive. Of course, Nearly half of all U.S. employees are employed by a small business.

Frivolous and/or Fraudulent Lawsuits not only hurt the small businessperson but the consumers as well sense they have to raise their Costs of Products, Services, and Fees to Cover that Liability Insurance. Add on to that, stealing and theft which is ever increasing driving up Costs and Insurance.

What happens when you cannot get or afford Liability Insurance for a small business, because of Lawsuits and Claims - Just Close the Doors - is that your Answer? Yes, We can all just move on with our lives! So, we close the doors on businesses, layoff people, and everything is perfect in your world!

Just like in Florida, because of all the Damage, Claims, and Lawsuits there are Insurance Companies that are pulling out of Florida - Farmers Insurance, Bankers Insurance, Centauri Insurance and Lexington Insurance, a subsidiary of AIG, is withdrawing from the Florida market since last year.

On July 13, 2023, AAA announced that it is limiting its risk in the state by nonrenewing policies with auto, home and umbrella bundles. The carrier is still writing new business in Florida for both auto and home but in areas with lower exposure.

Last fall Progressive confirmed to ABC Action News that they will not renew policies in Florida beginning in May of 2024 to "rebalance our exposure" they told us in a statement.

Insurers such as State Farm and Allstate are leaving fire- and flood-prone areas. Home values could take a hit.

Anonymous said...

I hope she gets millions $$$$$$$$

Anonymous said...

Businesses that can't be bothered to operate and maintain a safe environment should have their doors closed.

Anonymous said...

Lol, the business is not expected to maintain a safe environment now?

"I can tell you've never owned a business" no you can't, stop lying.

A business MUST maintain a safe environment for employees and patrons alike. This is not an opinion.

Anonymous said...

8:29AM and 11:23AM, Businesses are run by Humans, that are not Perfect. Most Businesses try to do their best to offer a Safe Environment and Services for their Employees and Customers, but all it takes is one incident, one situation, one thing missed, and it could cost you your business and/or millions of dollars. Businesses cannot afford to have liability specialist and lawyers at their businesses on a daily basis to maintain an environment without any present danger. Maybe you two geniuses need to look at all the Personal Liability Lawsuits filed or are you two looking for your own personal liability paycheck too?

Also, is this the same Donna Pilant, who is trying to raise $10,000 on her Facebook Account for her Daughter, found in the body of her account? "I’m raising $10,000 until 05/06/2024 for Schiylah Pilant's Educational needs. Can you help?"

Famous Personal Liability Case
ABC News called this case "the poster child of excessive lawsuits"

Liebeck v. McDonald's Restaurants, also known as the McDonald's coffee case and the hot coffee lawsuit, was a highly publicized 1994.

Stella Liebeck (1912–2004), a 79-year-old woman, purchased hot coffee from a McDonald's restaurant, accidentally spilled it in her lap, and suffered third-degree burns in her pelvic region. ** She spilled the Coffee in her Lap not McDonalds, all McDonalds did was make and sell Hot Coffee, like they advertised. They did not have Ice Coffee then - it was HOT COFFEE on the menu.

They awarded Liebeck a net $160,000 in compensatory damages to cover medical expenses, and $2.7 million (equivalent to $5,600,000 in 2023) in punitive damages.

We have become a Society of "NO PERSONAL RESPONSIBILITY", I screwed up so there is always an Attorney that will come to my Rescue and force others to take Responsibility for my Actions -

Anonymous said...

@8:29 clearly only knows enough about that Hot Coffee case to spread disinformation.

Yes, she spilled it, and McDonalds made their coffee entirely too hot, peo. Liebeck only wanted her medical bills taken care of, the jury awarded her that money, neither she nor her lawyers asked for it. In fact, she asked McD to pay her medical bills, they offered her $800.

She received 3rd degree burns. Now tell me, I'm sure, like many of us, you've spilled coffee on yourself at some point in your life, did those spills result in 3rd degree burns?

Didn't think so.