A lawsuit between an Indiana man and a local YMCA regarding injuries suffered from broken glass will go to a jury trial.
In December 2013, Brandon Smith filed a lawsuit against a YMCA in Muncie, Ind., saying the organization’s negligence played a part in his crashing through a glass window and suffering “severe bodily injuries” while playing tennis earlier that year.
Litigation has been ongoing since, and, according to court documents, a two-day jury trial is set for February 28, 2017.
In papers filed with Indiana’s Delaware Circuit Court No. 1, Smith says the local YMCA and its president, Cathy Clark, failed “to provide a safe tennis playing area,” leading Smith “to slip and go through a glass window” when the incident occurred in February of 2013. The lawsuit seeks unspecified damages to cover Smith’s “physical and emotional expenses,” while also requesting compensation for related medical and prescription expenses.
Clark and the YMCA filed an answer and demand for jury trial in January 2014, and less than two months later, Smith’s attorney, Jenice Golson-Dunlap, withdrew from representing him. Smith later retained new council in Matthew Kroes.
Meanwhile, the court requested multiple status reports due to a lack of activity, during which the sides were conducting discovery. This included non-party discovery to determine medical expenses and damages.
Last July, the judge approved a joint case management plan, and in April 2016, the jury trial date was scheduled. The final pre-trial conference will be held February 3, 2017.
Neither Kroes or Keith Kinney, the attorney representing Clark and the YMCA, could be reached for comment.