A Cleveland man who fell down a flight of stairs after tying his fiance’s shoes can’t stand trial despite his best efforts, a judge ruled Thursday.
John Wallworth fell down the stairs of his wife Judy Khoury’s basement in February 2018 and suffered ٹو 80,000 in medical bills as well as several broken bones. Walworth claimed that he did not see the shoes because he was taking a large box to the khori’s house at his request.
A three-judge panel ruled that the shoes were “open and clear” and that anyone could be seen taking appropriate precautions.
According to records, Khoury and Walworth have known each other for decades, dating in 2015 and getting engaged in 2017. They were married in May 2019 and remained married.
Walworth was driving a four-gallon can of vinegar from Khoury’s car to his basement when he told him Simple dealer.
Entering through the back door, he said, Walworth stepped on a pair of black and gray shoes with his left foot that Khoury had left as he descended to the top of the basement. Wallworth lost his balance and grabbed the lip of the ladder with his right foot and eventually fell down the stairs.
The fall broke the man’s left, arm and arm bones. To repair his injuries, he underwent three surgeries and underwent several months of physical therapy.
Walworth filed the lawsuit in October 2019, more than five months after he married Khoury.
Her lawyer, Henry Chamberlain, argued in court that Khoury had failed in her responsibility as a host to protect a “social guest” from the dangers she had created. He described the fall as “tragic and violent”.
According to Simple dealer, Khori testified that she often left her shoes behind through the back door and did not think to warn Walworth about them. She said that since she had not seen him fall, she could not say for sure that he had thrown away his shoes.
Chamberlain asked Khoury if he thought Walworth’s fall was his fault, and he said he did.
Lawyers provided by Khori’s home insurance company said the shoes were open and should not be considered a threat because any reasonable person could have avoided them.
Lawyers C. Joseph McClough and Catherine Clemens argued that just because they feel guilty does not mean they are obligated to take legal responsibility for Walworth’s injuries.
He added that in his statement to Walworth, he said the shoes were not hidden or concealed and confirmed that he was sitting in the open.
“If Mr. Walworth had taken general care and just watched where he was going, especially when he was going down a set of stairs, he could easily see the shoes on the floor,” said Khoury’s lawyers. Were. “
The 8th District Court of Appeals ruled in favor of Justices Lisa Forbes, Mary Caleben and Elaine A. Galgher, upholding the judgment of Judge Dick Ambrose of the Coyahoga County Common Place Court. Simple dealer.
Writing for the panel, Forbes said Walworth failed to reveal how outside factors prevented him from seeing the shoes.
Newsweek Reached Walworth’s lawyer but received no response until press time.