April 2, 2012
04/03/12 Marshall County Superior Court Judge Rob Bowen ruled in favor of the Plymouth Park Department and Common Council last week in a court case where the plaintiff said he got something in his eye from a mower.
On Tuesday, March 27th the honorable Rob Bowen held a bench trail on a Notice of Claim by Tom and Debra Green that had been filed on July 22, 2011. After considering the evidence presented, the record of the proceedings, the law, and the arguments made, the Court found that Mr. Green failed to establish by a preponderance of the evidence presented. Judge Bowen determined that he is entitled to receive nothing from the city.
In testimony Tom Green said it was a beautiful day and he had his truck windows down as he was traveling west on Becknell Drive at 15 to 20 MPH. He said after being immediately “hit” by a flying particle, he saw a mower 150 from him which appeared to be turning in a direction which was at an angle from his location. Green indicated that he did not see nor hear a mower prior to being “hit”.
An hour to an hour and a half after the July accident Green returned to Centennial Park and took a picture of an individual mowing a ball field. That mower did not have its “discharge shield” in place.
Mr. Green claimed the same person and the same mower in his picture cause his injury.
Steven Polick, attorney for the City noted that the Park Department uses several different types of mowers that are the same color and similar in style and shape, some are used to mow ball fields and others to do general mowing.
Judge Bowen said the fact that Tom Green did not hear or see a mower and that immediately after the incident the mower was approximately 150 feet away from him, it indicates that the mower was not in close proximity to Green as he drove by on Becknell Drive.