Fixed Ops Journal - August 2020 - F19

FIXED OPS JOURNAL

LEGAL LANE
Court upholds pay benefits
for injured service manager
The Virginia Court of Appeals in June upheld
compensation benefits for a service manager
who was injured when he stepped on a plastic
automotive fastener in a service bay.
The court unanimously rejected a challenge
to the benefits by Farrish of Fairfax, which
sells Jeep, Chrysler, Dodge, Ram and Subaru
vehicles.
According to the decision, in August 2016,
Mark Faszcza stepped on the discarded fastener in an uncleaned service bay. Faszcza,
who has neuropathy, didn't discover the
puncture wound until he got home with the
fastener still lodged in his shoe.
He suffered persistent infections, was hospitalized multiple times and underwent surgery, according to the decision. A gastroenterology expert testified that Faszcza later developed Crohn's colitis from the antibiotic treatment he received to fight the infections.

The court held that Faszcza suffered a compensable on-the-job injury from the accident
and found no evidence to support the dealership's argument that he "encountered the
used fastener in his own vehicle."
There will be no further appeal, said Michael Allen, executive manager of workers'
compensation carrier VADA Group Self Insurance Association.

Customer files suit against
dealership after slip and fall
A dealership in D'Iberville, Miss., negligently maintained its service department, according to a federal lawsuit filed by a customer
who was injured when he slipped and fell getting out of his vehicle.
Ronald Ware seeks up to $75,000 in damages from Mandal Buick-GMC, where the November 2018 accident occurred. The store denies liability.
The suit claims Ware took his vehicle for an

oil change and slipped on tile "that appeared
to be clear and wet. The surface liquid covered
the entire area and could have been either
man-made or a result of condensation from
morning dew, or the ceramic tiles themselves
were inappropriately slippery." He reported
what happened to a dealership employee and
then drove himself to a hospital to be treated
for a broken leg, the suit says.
The suit alleges the dealership negligently
failed to inspect the area for dangerous conditions, keep the premises safe and warn Ware
of the "dangerous condition."
In its answer filed May 8, Mandal BuickGMC admitted Ware fell at the store but denied any negligence. The store blamed the accident on Ware's "own carelessness and/or
negligence."
The case is going through pretrial discovery,
court records show.
- Eric Freedman
foj@autonews.com

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AUGUST 2020

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Fixed Ops Journal - August 2020

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