Ainsworth v. Chandler, a case heard in the Supreme Court of Vermont, involved a woman ("Plaintiff") who was injured at a business owned by Defendant. Plaintiff was at Defendant's electrical company when she tripped on a coil of wires that had been left in a stairway.
According to court records, Defendant was leading her down the set of stairs when the coil of wire caught her ankle and caused her to fall. Plaintiff testified that she did not see the coil of wires prior to her fall.
Plaintiff has alleged that she suffered permanent injuries, including partial blindness, damage to her ankle, a broken tooth and painful cuts and bruises.
At the time of her accident, Plaintiff had been dating Defendant for the past six months, and her purpose for being at that location was that she was visiting her boyfriend.
Defendant filed a civil lawsuit against his liability insurance company on grounds they breached the terms of their coverage agreement by not awarding her the more than $1 million in damages she had requested. In response to this lawsuit, the insurance company denied any and all liability and counterclaimed for a declaration of noncoverage on grounds that he had breached his agreement. Plaintiff filed her lawsuit against Defendant four months later.
In her lawsuit, Plaintiff demanded over $2 million in damages and, in response, Defendant admitted to liability and conceded to the allegations in the complaint. When his insurance company learned of Defendant's admissions, it intervened in the lawsuit to protect its interests. As our Spartanburg premises liability lawyers know, a third party can intervene in an ongoing lawsuit if their interests will be substantially affected by the outcome of the pending litigation.