Why do you think the manhole cover is 250lbs? It takes a special tool and 2 men to remove…and that’s just to go a few feet. Trigen simply forgot to replace, as theft of a 250lb metal disc is idiotic compared to being able to show Trigen accessed the hole a week or so before. Second, you need to read up on legal liability and strict liability…ie. you put holes in the ground in public access areas, you’re responsible to keep them covered and keep the public aware of the danger and reasonably safe from harm…why do you think construction sites have tape and barricades and signs all over them and why do you think manhole covers weigh 250lbs? Stick to Insurance.
Hey, Wow; hate to tell you this, but college kids steal things that makes no sense to steal.
We did it as kids, no special tools required, just a couple of big boys with too much time on their hands, or a frat to join.
Don’t preach liability to me/us, we’re all just speculating here since the article doesn’t give us the pertinant facts of the case. And you don’t know what I or anyone else does, nor what our knowledge level is.
You truly don’t know “the facts,” neither do any of us commenting. So don’t think your opinion holds more weight than any other. Relax and enjoy the fun.
So how is the power company liable for someone else removing their manhole cover? These things aren’t wired to a tracking center with some dispatcher able to say “Cover’s off at 4th and Main.” Give me a break.
Just think… knocked down from $85 million!!; very scary…lawyer used jury intelligence to his advantage…I bet the Med school card was played quite well.
I’m sure 250 pound steel discs get stolen all the time. Of course the power company is going to say someone else did it. Otherwise, they admit fault. Use your brain.
He is 30 and a medical student? Perhaps his fall might have saved a lot of other lives and countless med-mal settlements.I guess he wans’t top of his class.
As far as NOT seeing a missing manhole, it seems odd.
Why would they take it? It’s not likely they needed it for a paper weight.
If there was no work done recently, it’s pretty easy to imagine it might be taken; especially since it’s apparently near a college campus (college kids “borrow” the stangest things).
Near the curb where one might step from a parked car out and into the hole?
Who was the last person (and for whom did he or she work) that was legitimately down the hole and for what reason? How do they establish a cover gets replaced when it has been removed?
So – how drunk was he ? 18 mil for ‘loss’ of a medical career ? well, maybe. Case appears to be a ‘do over’ of earlier action if prior 85 mil award was either overturned or set aside resulting in this ‘capped’ presentation to a second jury to determine ‘how much’. Too bad the defense could not have obtained a change of venue to, say, Manhatten (Kansas)
The defendant, the energy company Trigen-Philadelphia, says someone removed the 250-pound cover illegally.
Is there a record of the Co. getting a bunch of calls about the missing cover and not sending anyone out right away??Seems like a thing that would get noticed and prolly attended to by the cops.
Hey, Philly, I agree with your comments. Unless it just turned up missing, seems like there would have been some complaints.
I can’t pass judgment on the amount of the award. However, since ‘watch out for open manhole covers while I am walking straight ahead’ wasn’t on my ‘Things to make sure I do today’ I can’t help but think that the injured student likely deserves payment of his med bills AND compensation for his pain & suffering and lack of a lucrative career. And, to the post that comments about why he was still in Med School @ 30, it takes most students 5 years for undergrad school. Even if the guy was 18 when he began college, that makes him at least 23 when he gets his Bachelors. 7 years of addl schooling to become a physician sounds about right to me-especially if he was specializing.
The company that operates the steam system under Philadelphia streets will pay $18 million to a former University of Pennsylvania medical student who broke his back when he plunged 18 feet into an open manhole in 2004.
Minutes before Marcus Gustafsson, 30, fell into the hole at 19th and Walnut Streets, a homeless man had pried off the cover.
Gustafsson might have received more money if he had waited for a Common Pleas Court jury to rule in the lawsuit he had filed against Trigen-Philadelphia Energy Corp. After a three-week trial, the jury voted 12-0 yesterday to award him $85 million.
But to guarantee that he got something substantial to compensate him for his injuries, Gustafsson had agreed to what lawyers termed a high-low deal. Trigen pledged that, no matter what the jury verdict was, it would pay at least $1 million. Gustafsson, in turn, agreed to cap what he got at $18 million.
Matthew A. Casey, Gustafsson’s attorney, said the deal prevented Trigen from appealing the verdict and assured that Gustafsson would be paid.
“This was an extremely unfortunate accident and we extend our sympathies to Mr. Gustafsson and his family,” Trigen said in a statement.
Casey, of Ross, Feller, Casey LLP, said other companies Gustafsson sued had agreed to pay $4.9 million.
Gustafsson, a graduate of Germantown Friends School and Brown University, was working toward both a medical degree and a doctorate in molecular biology.
He has completed the biology degree but hasn’t been able to finish his medical education because of difficulty standing for long periods during clinical work, Casey said.
The trial showed that Trigen had known for 10 years that homeless men were removing manhole covers, Casey said. It has welded some of them closed.
A Trigen statement said: “In accordance with city and federal regulations, Trigen specifically uses 250-pound snug-fitting manhole covers, which require specific tools to remove.”
The jury said 99.99 percent of its $85 million verdict was was to be paid by Trigen and 0.01 percent by the homeless man, who has disappeared. That man’s share: $8,500.
just FYI…I have recently read that there is a problem in some cities as manhole covers are being removed, broken up (how? I don’t know) and sold for scrap metal. Scrap metal is paid by the pound but I don’t know of what metal(s) a manhole cover is comprised.
I beg to differ…the only special tool you need is a crowbar….some friends and i removed a manhole cover on our college campus so we could take a tour of the tunnel system that connected all of the buildings on campus.
Shame on people for saying the guy was stupid for falling! We all get in our routines and walk to the same bus stop, etc. and none of us expect there to be a giant hole in a place we’d walked over every single day. Remember that next time you run to catch a bus, or run to cross the street before the light turns.
It looks like that company knew people were taking the manhole covers – whether as a prank, for scrap metal, or to crawl inside. And if people are removing them, they obviously aren’t secured – its that simple. The company could have secured the covers to protect people, but it didn’t. And now they have to pay for it. If the company is only thinking about profit margins, then its a good thing this jury showed them that we put a high “price” on safety.
The other article said this guy was working toward a PhD and a medical degree at once. What a tragedy!
And they had dark excavation holes filled with rebar spikes, essentially a open “tiger pit” on poorly lit public sidewalks between public bars, I saw 2 different people badly injured in the same dark hole.
If we didn’t assign liability to somebody we’d have dead people at the bottom of holes all over the place.
This is just the cost of doing business, forgetaboutit.
There are vast differences between intentional acts, egregious negligent acts and simple negligence.
I don’t think anybody posting is in favor of allowing the first two to go unpunished, but it hasn’t been definitively proven by the article if even simple negligence was proven; only that a jury felt sorry for the guy.
If there was negligence proven, just not indicated in the article, then there should have been negligence assigned; if not – a miscarriage of justice just took place.
The only tragedy here is the dollar verdict for this idiot. You are so typical of what is wrong with America and its legal system. All emotion, no logic and no belief in personal responsibility and accountibility.
The only posting I even remotely agree with (and I heavily qualify that) belongs to “Just a Thought…”.
Nobody–with the possible exception of a “card carrying member of the S.S. brigade”–deserves an outcome like that of Mr. Gustafsson. Especially in light of the fact that he was working in the medical field–a field whose goal is, ostensibly, to help your neighbor.
His dreams were cut short, and he plummeted twenty feet to his (presumable) death. Can you even imagine the physical–or psychological–aftereffects of something so harrowing? He deserves so (so) much better than an 18 million dollar settlement, and anybody who believes otherwise can see me for a swift knock to the nose. (And, mind you, I’m a pacifist who can’t so much as squash bugs. Nonetheless: I will clock you, and run off, laughing, into the Technicolor sunset, should you continue to talk so much under-informed hooey.)
Wasn’t it E.M. Forster, who once said: “The only perfect view–in this world–is that of the sky, over our heads”? Are we really going to fault someone for tilting his chin to the clouds–especially when the city is, legally, required to provide solid ground beneath his feet?
SEPTA is not the only INEPT-A element of Philadelphia infrastructure; this whole thing makes me want to bop someone in the nose, and have a nice little cry. And makes me semi-glad that I moved away, years ago.
I think you should all send Mr. Gustafsson a fruit basket, and an apology for your narrow-minded, negative, and nasty ways.
He deserves better.
Why do you think the manhole cover is 250lbs? It takes a special tool and 2 men to remove…and that’s just to go a few feet. Trigen simply forgot to replace, as theft of a 250lb metal disc is idiotic compared to being able to show Trigen accessed the hole a week or so before. Second, you need to read up on legal liability and strict liability…ie. you put holes in the ground in public access areas, you’re responsible to keep them covered and keep the public aware of the danger and reasonably safe from harm…why do you think construction sites have tape and barricades and signs all over them and why do you think manhole covers weigh 250lbs? Stick to Insurance.
Hey, Wow; hate to tell you this, but college kids steal things that makes no sense to steal.
We did it as kids, no special tools required, just a couple of big boys with too much time on their hands, or a frat to join.
Don’t preach liability to me/us, we’re all just speculating here since the article doesn’t give us the pertinant facts of the case. And you don’t know what I or anyone else does, nor what our knowledge level is.
You truly don’t know “the facts,” neither do any of us commenting. So don’t think your opinion holds more weight than any other. Relax and enjoy the fun.
What ignorance on this board – must be insurance brokers
So how is the power company liable for someone else removing their manhole cover? These things aren’t wired to a tracking center with some dispatcher able to say “Cover’s off at 4th and Main.” Give me a break.
This does seem to widen the “duty owed” philosophy historically part of proving negligence.
This is scary for any municipality; now they have to KNOW everything before it is even possible to know it.
Slippery slope for all negligence cases.
Why wasn’t he watching where he was walking?
Just think… knocked down from $85 million!!; very scary…lawyer used jury intelligence to his advantage…I bet the Med school card was played quite well.
I’m sure 250 pound steel discs get stolen all the time. Of course the power company is going to say someone else did it. Otherwise, they admit fault. Use your brain.
He is 30 and a medical student? Perhaps his fall might have saved a lot of other lives and countless med-mal settlements.I guess he wans’t top of his class.
As far as NOT seeing a missing manhole, it seems odd.
Why would they take it? It’s not likely they needed it for a paper weight.
If there was no work done recently, it’s pretty easy to imagine it might be taken; especially since it’s apparently near a college campus (college kids “borrow” the stangest things).
Just my brain being used.
Not enough information:
Was the hole in the street or on the sidewalk?
In a crosswalk or a traffic lane?
Near the curb where one might step from a parked car out and into the hole?
Who was the last person (and for whom did he or she work) that was legitimately down the hole and for what reason? How do they establish a cover gets replaced when it has been removed?
Any surveillance cameras in the area?
So – how drunk was he ? 18 mil for ‘loss’ of a medical career ? well, maybe. Case appears to be a ‘do over’ of earlier action if prior 85 mil award was either overturned or set aside resulting in this ‘capped’ presentation to a second jury to determine ‘how much’. Too bad the defense could not have obtained a change of venue to, say, Manhatten (Kansas)
The defendant, the energy company Trigen-Philadelphia, says someone removed the 250-pound cover illegally.
Is there a record of the Co. getting a bunch of calls about the missing cover and not sending anyone out right away??Seems like a thing that would get noticed and prolly attended to by the cops.
Hey, Philly, I agree with your comments. Unless it just turned up missing, seems like there would have been some complaints.
I can’t pass judgment on the amount of the award. However, since ‘watch out for open manhole covers while I am walking straight ahead’ wasn’t on my ‘Things to make sure I do today’ I can’t help but think that the injured student likely deserves payment of his med bills AND compensation for his pain & suffering and lack of a lucrative career. And, to the post that comments about why he was still in Med School @ 30, it takes most students 5 years for undergrad school. Even if the guy was 18 when he began college, that makes him at least 23 when he gets his Bachelors. 7 years of addl schooling to become a physician sounds about right to me-especially if he was specializing.
The company that operates the steam system under Philadelphia streets will pay $18 million to a former University of Pennsylvania medical student who broke his back when he plunged 18 feet into an open manhole in 2004.
Minutes before Marcus Gustafsson, 30, fell into the hole at 19th and Walnut Streets, a homeless man had pried off the cover.
Gustafsson might have received more money if he had waited for a Common Pleas Court jury to rule in the lawsuit he had filed against Trigen-Philadelphia Energy Corp. After a three-week trial, the jury voted 12-0 yesterday to award him $85 million.
But to guarantee that he got something substantial to compensate him for his injuries, Gustafsson had agreed to what lawyers termed a high-low deal. Trigen pledged that, no matter what the jury verdict was, it would pay at least $1 million. Gustafsson, in turn, agreed to cap what he got at $18 million.
Matthew A. Casey, Gustafsson’s attorney, said the deal prevented Trigen from appealing the verdict and assured that Gustafsson would be paid.
“This was an extremely unfortunate accident and we extend our sympathies to Mr. Gustafsson and his family,” Trigen said in a statement.
Casey, of Ross, Feller, Casey LLP, said other companies Gustafsson sued had agreed to pay $4.9 million.
Gustafsson, a graduate of Germantown Friends School and Brown University, was working toward both a medical degree and a doctorate in molecular biology.
He has completed the biology degree but hasn’t been able to finish his medical education because of difficulty standing for long periods during clinical work, Casey said.
The trial showed that Trigen had known for 10 years that homeless men were removing manhole covers, Casey said. It has welded some of them closed.
A Trigen statement said: “In accordance with city and federal regulations, Trigen specifically uses 250-pound snug-fitting manhole covers, which require specific tools to remove.”
The jury said 99.99 percent of its $85 million verdict was was to be paid by Trigen and 0.01 percent by the homeless man, who has disappeared. That man’s share: $8,500.
just FYI…I have recently read that there is a problem in some cities as manhole covers are being removed, broken up (how? I don’t know) and sold for scrap metal. Scrap metal is paid by the pound but I don’t know of what metal(s) a manhole cover is comprised.
I beg to differ…the only special tool you need is a crowbar….some friends and i removed a manhole cover on our college campus so we could take a tour of the tunnel system that connected all of the buildings on campus.
Shame on people for saying the guy was stupid for falling! We all get in our routines and walk to the same bus stop, etc. and none of us expect there to be a giant hole in a place we’d walked over every single day. Remember that next time you run to catch a bus, or run to cross the street before the light turns.
It looks like that company knew people were taking the manhole covers – whether as a prank, for scrap metal, or to crawl inside. And if people are removing them, they obviously aren’t secured – its that simple. The company could have secured the covers to protect people, but it didn’t. And now they have to pay for it. If the company is only thinking about profit margins, then its a good thing this jury showed them that we put a high “price” on safety.
The other article said this guy was working toward a PhD and a medical degree at once. What a tragedy!
And they had dark excavation holes filled with rebar spikes, essentially a open “tiger pit” on poorly lit public sidewalks between public bars, I saw 2 different people badly injured in the same dark hole.
If we didn’t assign liability to somebody we’d have dead people at the bottom of holes all over the place.
This is just the cost of doing business, forgetaboutit.
There are vast differences between intentional acts, egregious negligent acts and simple negligence.
I don’t think anybody posting is in favor of allowing the first two to go unpunished, but it hasn’t been definitively proven by the article if even simple negligence was proven; only that a jury felt sorry for the guy.
If there was negligence proven, just not indicated in the article, then there should have been negligence assigned; if not – a miscarriage of justice just took place.
That was some strong homeless man!!! Pried and picked up a 250 lb manhole cover.
The only tragedy here is the dollar verdict for this idiot. You are so typical of what is wrong with America and its legal system. All emotion, no logic and no belief in personal responsibility and accountibility.
Honestly, people.
The only posting I even remotely agree with (and I heavily qualify that) belongs to “Just a Thought…”.
Nobody–with the possible exception of a “card carrying member of the S.S. brigade”–deserves an outcome like that of Mr. Gustafsson. Especially in light of the fact that he was working in the medical field–a field whose goal is, ostensibly, to help your neighbor.
His dreams were cut short, and he plummeted twenty feet to his (presumable) death. Can you even imagine the physical–or psychological–aftereffects of something so harrowing? He deserves so (so) much better than an 18 million dollar settlement, and anybody who believes otherwise can see me for a swift knock to the nose. (And, mind you, I’m a pacifist who can’t so much as squash bugs. Nonetheless: I will clock you, and run off, laughing, into the Technicolor sunset, should you continue to talk so much under-informed hooey.)
Wasn’t it E.M. Forster, who once said: “The only perfect view–in this world–is that of the sky, over our heads”? Are we really going to fault someone for tilting his chin to the clouds–especially when the city is, legally, required to provide solid ground beneath his feet?
SEPTA is not the only INEPT-A element of Philadelphia infrastructure; this whole thing makes me want to bop someone in the nose, and have a nice little cry. And makes me semi-glad that I moved away, years ago.
I think you should all send Mr. Gustafsson a fruit basket, and an apology for your narrow-minded, negative, and nasty ways.
He deserves better.