Lawyers argue for new trial, reduction of $19 million verdict for pool injury

Lawyers for a Washington Township family ordered to pay $19 million to a Vandergrift man injured in a swimming pool accident nearly a decade ago on Monday called for a Westmoreland County judge to toss out the jury verdict and order a new trial.

Westmoreland County Common Pleas Judge Harry Smail Jr. is being asked to overturn the verdict against Robert and Laura O’Black, who were found negligent and mostly liable for the life-altering injuries suffered by a then 21-year-old Michael Fraser.

Fraser was left a quadriplegic after a swimming pool incident at the O’Blacks’ pool in July 2013. Fraser, now 29, claimed the O’Blacks allowed a 5-foot raft to be used in the family’s pool and covered a written label that warned against its use in a swimming pool.

“We think there should be a new trial,” argued defense lawyer John Hare. “They never proved how this accident happened. You cannot put five scenarios before the jury and ask them to choose.”

Fraser’s neck was broken, and he suffered other injuries after he jumped off a diving board, hit the raft and banged his head off the bottom of the pool as it transitioned from the deep to shallow water.

The jury found the O’Blacks were 70% responsible for Fraser’s injuries and awarded damages to cover his past, current and future medical expenses as well as for pain and suffering, embarrassment, disfigurement and loss of life’s pleasures.

Smail was asked to mold awarded damages to conform to the jury’s verdict, which would ultimately reduce payout to Fraser to $13.3 million.

But, Hare said, the judge should go further and potentially slash the verdict by another $1 million or overturn the finding and order a new trial. Hare suggested improper rulings made by the judge mid-trial impacted the verdict and lawyers for Fraser did not sufficiently prove their case that the O’Blacks were liable for the injuries.

Hare argued that Fraser and his lawyers never introduced evidence of exactly how Fraser was injured.

Fraser’s lawyer, Renee Metal, argued the verdict should be upheld and that questions about how Fraser jumped and where exactly he landed on the raft were not relevant to determine liability.

“Our expert testified that all aspects on the warning (on the raft) were sufficient. We didn’t have a problem with the raft or with the warning. We had a problem with it (the raft) being in that pool and the warning being covered. He (Fraser) was given no opportunity to follow the rules,” Metal said.

Fraser, through his lawyers, also wants to the judge to impose additional delayed damages because the O’Blacks and their attorneys made no offers to settle the case before trial.

Smail said he will review the case and issue a ruling on each of the issues.