Articles & Updates

Sally Litterly vs. County of Logan

by James M. Gallen
FALLING VOTING MACHINE HELD NOT TO BE CAUSALLY CONNECTED 
TO NECK COMPLAINTS AND THREE LEVEL FUSION

      Petitioner was getting voting machines ready for the March 2006 election when a 36 pound voting machine fell and struck her in the head. Thereafter petitioner was subsequently treated for unrelated neck problems but no mention of the falling voting machine was made until July 26, 2006 and even that deviated in detail from her testimony. Respondent’s record reviewer and independent medical examiner both agree that conditions neck complaints were unrelated to the accident of March 2006. Petitioner’s treating surgeon testified that if the incident had caused the need for her surgery she would have had symptoms right away. He stated that assuming that petitioner had not made any complaints until July 2006 the conditions for which he treated petitioner would be unrelated to the accident. The Arbitrator was unpersuaded by the chiropractor’s testimony that he was “comfortable” finding that there is a causal relationship.

Case: Sally Litterly vs. County of Logan

James M. Gallen represented the respondent.

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