Westmoreland jury awards $19M to swimming pool injury victim

A jury on Friday awarded $19 million in damages to a Vandergrift man left paralyzed from an accident in a friend’s swimming pool, in what is believed to be the largest verdict ever issued in Westmoreland County.

Jurors found that Washington Township homeowners Robert and Laura O’Black were negligent and liable for the injuries sustained by now-29-year-old Michael Fraser, who broke his neck after he dove onto a raft in the family’s swimming pool.

Fraser’s lawyers said the O’Blacks improperly allowed a 5-foot rubber raft into the pool.

“This is going to give Mike peace of mind and says it’s not all his fault,” said Fraser’s lawyer, Mike Calder.

The jury deliberated more than 2 hours before issuing a verdict that found the O’Blacks 70% responsible for Fraser’s injuries.

It awarded him $9 million in damages to pay for past and future medical expenses, $3 million for pain and suffering, $3 million for loss of life’s pleasures, another $3 million for embarrassment and $1 million for disfigurement.

Fraser, his parents and brother testified at length during the trial about his struggles that include around-the-clock care and help with nearly every aspect of his life. Since the injury, Fraser testified he has had multiple surgeries, is confined to a wheelchair, has limited use of his arms and is unable to perform most daily tasks without assistance.

He has since graduated from Robert Morris University and works as an actuary.

During the weeklong trial, Fraser and his legal team claimed that were it not for the raft, the life-altering injury would not have occurred.

According to testimony, Fraser was 21 when he attended a holiday party July 6, 2013, at the home of his friend. He jumped off a diving board and onto the raft. Witnesses said Fraser was propelled off the raft and into the water, where he struck his head in an area between the deep and shallow ends of the pool.

Calder argued during the trial that the O’Blacks covered a warning that appeared on the raft that advised against using it for diving. He also asked jurors to find the O’Blacks negligent because the raft was not suitable to be used in pools. Robert O’Black testified he bought the raft to be pulled behind a boat. Instead, it was routinely used in the family swimming pool, he told jurors.

The raft was never produced into evidence. It was discarded years ago, according to lawyers for Fraser and the O’Blacks.

Attorney Robert Loch, who represented the O’Black family, declined to comment after the verdict was announced.

He argued during the trial that Fraser was solely at fault for his injuries.

“Remember why this accident happened, and what Mr. Fraser did and the choices he made,” Loch told jurors.

Large jury awards rare

Large jury awards have been rare in Westmoreland County.

Reports of civil verdicts published by the Westmoreland Bar Association dating to 2000 include a handful of cases in which plaintiffs were award $1 million or more in damages.

A jury following a trial in 2003 awarded $6 million in damages to a Jefferson County logger injured while on the job, which was a case local lawyers point to as the largest verdict issued locally until Friday.