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Case Conclusion Date: 07.07.2009

Practice Area: Personal Injury

Outcome: $115K for injury from umbrella

Description: Colleen, her husband and a friend were enjoying an August afternoon lunch on the outdoor patio at the Red Robin restaurant in Bellingham. Their table had an umbrella for shade. Colleen was surprised when a gust of wind caused the umbrella to fly up into the air where it spun around and then came back down toward the table. Colleen instinctively put up her arm to block the umbrella and injured the rotator cuff in her shoulder. Red Robin denied her claim, saying that there was nothing they could have done. We filed a lawsuit and hired an engineer to examine the table and umbrella. He determined that because of the kite-like design of the umbrella, even a slight gust of wind could send it flying if it was not locked in place. There was a pin to lock the umbrella in place, but it had not been used. A few weeks prior to trial, Red Robin agreed to pay our demand of $115,000.00 to compensate Colleen for her injury. Stapleton v. Red Robin (2009)

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