Jenny's Market employee says she's paralyzed as a result of hayride accident
Jenny's Market proprietor Burton Hoey leads a pair of horses at the business in this file photo. The woman injured in an accident Sept. 24 said today she was left paralyzed and blamed the accident on unsafe conditions at the market. Hoey denies that conditions at the market are responsible.
In a statement released through her lawyer, Mary Ruth Armbruster, 23, said she is likely permanently paralyzed from the waist down and that her spine was broken between the 11th and 12th vertebrae.
Armbruster said the “steepness of the hill caused the young and less-experienced team of horses to run downhill, causing a dangerous buildup of speed. “
The statement is the first public communication from Armbruster since the incident. Elements of it are contested by market proprietor Burton Hoey.
Read the statement from Mary Ruth Armbruster.
In the statement, Armbruster said the accident is a “direct result of faulty equipment and a course for the hay ride that included a dangerously steep downhill over uneven ground.” She said as she was driving the wagon down a hill, her seat “became dislodged," and she was “left standing and pulling against the reins with my entire body weight in an effort to slow the team before making the final turn at the end of the hill.”
She said Hoey had provided mismatched reins for the horses, requiring her to hold one rein in each hand to steer.
One of the horses tripped at the bottom of the hill, jerking her forward off the wagon, which ran over her, Armbruster said, breaking her vertebrae.
Her prognosis includes little or no chance of regaining full mobility, she said. She remains hospitalized.
In response to the statement, Hoey said today that there is nothing wrong with his equipment, and his business has been using the same hayride course for at least 10 years. He said he only knows of one other problem, which occurred about seven years ago. He said a woman said she was injured on a hayride, but there was never an insurance settlement.
He also said the reins would not have caused a problem. “One might have been 6 inches longer than the other, but they were plenty long enough,” he said. Holding one rein in each hand is “the way you steer horses,” he said.
Hoey also said the horses are not inexperienced. The business has used them for four or five years, he said. Brittany Erskine, an employee at Jenny’s, said she has driven the horses for three years on the same course.
Hoey acknowledged that the seat was dislodged at the end of the hayride, but he said he didn’t know why. He said it’s an Amish-style seat that sits in a wooden frame on the wagon and does not need to be bolted or nailed into place.
“I’ve got a feeling she lost control of the horses,” Hoey said.
Armbruster, of Ann Arbor, also said that although Hoey earlier told AnnArbor.com he would pay for her medical bills, neither he, nor his daughter, Jenny Lambers, who owns the property, have contacted her. She said the bills would likely total hundreds of thousands of dollars.
Armbruster, who is still in the hospital, said in her statement that several employees of the market have contacted her and sent well wishes but Hoey and Lambers have not.
Hoey said he had planned to visit Armbruster in the hospital, but added that she told Erskine two days after the accident, that she did not want him to visit. Erskine corroborated that.
“She said that she would prefer him not to come visit,” Erskine said.
As for the medical bills, Hoey said he has turned claims over to his insurers. He said he has worker’s compensation insurance and liability insurance, and one of them should cover Armbruster’s medical bills. He said he’s not sure what he would do if the bills were not covered.
He also said he's concerned about her recovery and hopes she will have a good life.
“Mary is a great person, and our insurance company is going to pay one way or another. The whole thing is unfortunate and it’s an accident.”
The accident marked the beginning of a host of problems at the market this fall. Shortly afterward, Webster Township served the market with a stop-work order, citing violations of township zoning ordinances. Hoey vowed to stay open and fight the order.
In October, a child fell off a pony at the market. Then last week, Hoey was robbed by two men he said beat him for several minutes and robbed him of $55,000.
Now, Hoey said he's not sure whether he will stay in business. "I’m wondering why I’m doing this because it’s been so bad. I’m 65. I could draw Social Security and live with my daughter."
Comments
L.S.
Tue, Nov 8, 2011 : 7:06 p.m.
I am sorry for the condition of this young girl. A friend of mine told me there is a fast and a slow hay ride. There is NO way there should ever be a fast hayride! Further I was told the young employees have 'experience with horses' (one or 2 hands) BUT this is in no way experience with driving horses with rein in each hand----2 different skills. PLUS the age of the employees and 'weight' of the employee at Jennys Market should give pause for anyone determining if the activities at this market are wise. What happened to using brakes or were there no brakes on the wagon--this is a red flag to not riding on the hayride. Going down any hill should be done slowly and past experience should be used to determine when caution is needed in descending a hill especially with the added weight of people on the wagon. Sounds to me like both parties are equally at fault. The owner had to know all this was going on and the young employees should have used common sense in stopping the unsafe practices. I personally know of several visits by the Humane Society on complaints of the treatment of the animals on site--no water on hot days/calf tied up on short rope/chickens running loose dangerously close to busy road/saddle hanging upside down on pony--I could go on. I use to go to Jennys market but stopped as the last 5 years money seems more important than safety and animal treatment. I was really surprised to see a wagon hitched up to 2 Percherons Sunday 11/6 at 2:30 pm. PLEASE stop using animals to draw in customers to help sell your vegetables, eggs, plants and other items. Thank to the powers to be for stopping the selling of the goods baked on site---even though the pumpkin donuts were yummy I stopped buying due to sanitary conditions I observed but alas did not report. Further--the robbery last week sounds like an inside job!
Sandy
Fri, Nov 4, 2011 : 1:55 a.m.
We enjoy going to Jenny's Market every year with our grandchildren. Last year we went on the hayride for the first time. It was also our last. There were about 11 or 12 of us on the ride all being adults with the exception of our 2 grandchildren. The children were scared to death and all of us were hanging on for dear lives. As others have stated, the course was very rough and bumpy. We were all surprised at the speed of the ride. After going down the hill, the wagon became dislodged. We all had to get off and the guys helped the female driver put it back together. She told us that the previous day the horses were spooked and took off causing a rider to fall off. We were not surprised when we heard about this terrible accident. I have sympathy for the owners and all the problems they are having this year. But this accident shouldn't have happened. It has been unsafe for a long time. I feel bad that I didn't think to report the incident last year to have it investigated then. Im also sure that the owners were told not to have any contact with the young lady by their lawyers.
Ralph
Thu, Nov 3, 2011 : 1:02 p.m.
Burton's been pushing the limits for decades. This is a sad, but hopefully a conclusion to Jenny's Market .
15crown00
Tue, Nov 8, 2011 : 7:03 p.m.
this place is a joke and should be closed
Kara Marie
Thu, Nov 3, 2011 : 4:49 a.m.
I am so sorry. I hope you do regain some mobility. Good luck.
Ron Granger
Wed, Nov 2, 2011 : 10:53 p.m.
A visit may have been unwelcome, but Hoey could have sent the woman flowers.
julieswhimsies
Wed, Nov 2, 2011 : 10:32 p.m.
This is indeed a tragedy. A young woman paralyzed for life. I cannot begin to know how she feels. The article says nothing about her equestrian experience in general, and I do not understand the reins issue. You DO steer horses with a rein in each hand. It does sound like the terrain was an issue. This young woman said she has driven the team on the same course for three years. If it were me, I would have demanded the course be changed years ago. I am not trying to blame the victim here...but equine activities are inherently dangerous. Were there signs posted about this Michigan law? Too many questions...too few answers...and this young woman's life has been forever altered. She has my deepest sympathy.
julieswhimsies
Thu, Nov 3, 2011 : 5:22 p.m.
Re-read.
Marilyn Wilkie
Thu, Nov 3, 2011 : 1:58 a.m.
in the first article on aa.com Hoey was quoted as saying she had worked there for about a month.
Marilyn Wilkie
Wed, Nov 2, 2011 : 11:41 p.m.
she never said she had driven that same course for 3 years.
JustMyOpinion
Wed, Nov 2, 2011 : 8:04 p.m.
Sure would be nice if someone started a fund for Ms. Armbruster. Anyone hear of one yet?
zax
Wed, Nov 2, 2011 : 7:25 p.m.
I have ridden the hayride with my family at Jenny's. When we got on the wagon we knew it was a risk to ride it but we took the risk. It's risky sometimes for me to get out of bed in the morning, and risky to drive around A2 in rush hour. Anyone working with horses should know that horses get spooked and act unpredictable at times. I don't think we all need to judge this matter without all of the facts. It is very very sad that she may not heal from the injury completely but this unfortunate accident needs to be judged in court, not through the media. I pray for both parties involved. They have both suffered mentally and physically from this accident. Don't be quick to judge based on partial news coverage.
djm12652
Wed, Nov 2, 2011 : 6:57 p.m.
I'm sorry to hear about Ms. Armbruster's medical condition. The worker's compensation will be a large factor in her future. How many years was Ms. Armbruster a teamster? I know how hard that work is and physically taxing. Best wishes to all involved.
A Friend
Wed, Nov 2, 2011 : 6:40 p.m.
I don't know what anyone should do... But I sure cry every time I think of this whole mess... and this girl and her family have the rest of their lives to reflect on this "accident". No matter what caused it, she is never able to walk again... True, not all accidents of this nature can or should be blamed on the workplace. Freak accidents are just that..... situations that no one could ever predict or be ready for... But I do not believe the driver lost control of the horses as the owner suspects.... She had mentioned to my friends who were on that ride that one of the horses had a "weird gait". She had been watching it for a bit then saw that it caught itself on it's own hoof and that's what made them jerk way down, get spooked and cause her to lose her balance and fall. I don't know about the seat.... (?) So a question that may come up is, whether or not this horse was a good candidate for the job in the first place... (?) Both horses were supposedly newer to the track... how much did they know about the horse's little quirk and what was the potential for her to throw off other horses... Could anyone have predicted a potential problem in the first place? That is something that will all have to come out I guess.... We're all still just speculating here... feeling alternately sad and mad, and trying to put ourselves in all of their shoes........ :(
theodynus
Wed, Nov 2, 2011 : 5:57 p.m.
"In response to the statement, Hoey said today that there is nothing wrong with his equipment, and his business has been using the same hayride course for at least 10 years. He said he only knows of one other problem, which occurred about seven years ago. He said a woman said she was injured on a hayride, but there was never an insurance settlement." Fantastic logic! It's safe! It only permanently paralyzes one person every 10 years!
andralisa
Wed, Nov 2, 2011 : 5:48 p.m.
His comment "I hope she has a good life" is so inappropriate on so many levels! What a shame for this young woman, cannot imagine.
ArthGuinness
Wed, Nov 2, 2011 : 5:24 p.m.
Very sad all around.
Julijuli
Wed, Nov 2, 2011 : 4:56 p.m.
...this same Brittany also said that she would not have driven that particular pair of horses, that they were not reliable.
Tony Dearing
Wed, Nov 2, 2011 : 4:03 p.m.
Comments have been removed because they were off-topic. We recently had to close commenting on an article dealing with another, separate incident at Jenny's Market because of a high volume of inappropriate comments. Please direct your comments to this story, and not to another, unrelated incident. Thank you.
Cash
Thu, Nov 3, 2011 : 9:01 a.m.
Thank you for the update on the condition of this young lady. i know many of us in the community have been praying for her health and will continue to do so. Everything else is for the courts to decide. Again, thanks for letting us know how she is doing.
Jen Eyer
Wed, Nov 2, 2011 : 7:13 p.m.
A comment discussing moderation was moved to the comment moderation thread: <a href="http://www.annarbor.com/about/annarborcom-conversation-guidelines-comment-moderation/">http://www.annarbor.com/about/annarborcom-conversation-guidelines-comment-moderation/</a>
Yurmama
Wed, Nov 2, 2011 : 3:32 p.m.
There is more to this story I'm sure. I, for one, believe that Burt will continue to fight the world around him.
A2BugaBoo
Wed, Nov 2, 2011 : 2:39 p.m.
I feel for the young woman injured in the accident. How unfortunate. As for the owner, I don't wish him any ill will but maybe he will change a few things all in the name of safety. Two years ago I rode the hay ride at Jenny's and that was the last time. I'm not an alarmist and I try my hardest to not be too overprotective of my children (then 3 and 7) but I felt it was a highly unsafe hayride due to the speed and large "potholes" or bumps in the dirt path. Several times I felt as if we could be ejected from the wagon at any time. What's wrong with a nice leisurely ride through the grounds? If the ride were slowed down things would of felt a lot safer instead of feeling like you needed to hang on for dear life.
HaeJee
Wed, Nov 2, 2011 : 2:25 p.m.
Armbruster said the "steepness of the hill caused the young and less-experienced team of horses to run downhill, causing a dangerous buildup of speed. I took my family to Jenny's 5 years ago and we all rode on the hayride. It was the first hayride that I was ever scared for the safety of my family. The hill is very steep and horses ran down the hill. At the time, we thought maybe the young male driver was just being a little reckless at the time. So, we were not surprised when we heard of the accident. I am surprised that a video doesn't exist of the hayride and the steep hill.
Ron Granger
Wed, Nov 2, 2011 : 1:46 p.m.
I read a lot of blaming the victim in the comments here. But what has stuck with me in reading the AA.com reporting are comments from a man who refuses to comply with local zoning and food safety rules, regulations and laws. I am not going to even try and summarize the numerous infractions I read about. They are in the past articles - read them if you don't recall them. And then there are the many customer reports of RAID sprayed on fruit, and other experiences. And when ordered to shutdown due to non-compliance, Hoey ignored the order. Who does that? In fact, he boldly proclaimed that they could take him to court in the Winter, after the season is over and he has cashed in. Of course the inspectors we have heard from do not check wagons. But are we to assume that the wagons received some extra attention and consideration from Hoey that those other more tighly regulated and inspected aspects of his business did not? Hoey denies the reins could be an issue, he denies the seat flying out of place could be an issue. Can anyone tell this man anything? If a lowly employee told him something was unsafe, does anyone think he'd listen?
Julijuli
Wed, Nov 2, 2011 : 5:05 p.m.
here here!
AANative
Wed, Nov 2, 2011 : 12:17 p.m.
My understanding is that workmans Comp pays for care, treatment and rehabilitation, it also pays an employee the wages they earned while away from work. If the employer can provide work that the doctors approve of the employee has to return to work or not collect wages. This is more than a; 'workman's comp will take care of it' case, she's paralized below the waist, her future has changed as a result of this accident. This is a very sad story.
jns131
Wed, Nov 2, 2011 : 2:52 p.m.
This is very true. He has a cashier position she can sit at and take the money in with. If she can't bag? He can have someone do it for her. There are ways around workmans comp he does not want to pay for it as well as the government. The government does send inspectors out to inspect you.
A2comments
Wed, Nov 2, 2011 : 10:31 a.m.
One has to wonder if employees hired to handle the horses are told of, and fully understand, the risks involved. One would hope that the owner does inform them, and can document that fact.
FredMax
Wed, Nov 2, 2011 : 9:45 a.m.
Based on the price of a hot coffee in the lap, probably even the most minimal lawyer can procure substantial medical and other payments in what reads like a legitimate injury claim here. The woman is badly hurt, the man is trying to earn a living. Let them sort out the difference in court. For those who side with Jennys, feel free to take a few hayrides this weekend.
jns131
Wed, Nov 2, 2011 : 2:50 p.m.
McD's was sued for hot coffee. Not they monitor their temp for it all the time.
Roadman
Wed, Nov 2, 2011 : 2:55 a.m.
Ms. Armbruster's statement was released by her attorney, which suggests to me it may have been edited or drafted by legal counsel. Workers' compensation coverage should cover medicals - assuming she was an employee rather than an independent contractor. I think her attorney may be angling for legal action against the seller of the equipment. It is not advisable to disseminate statements publically if legal proceedings are in the offing.
pbehjatnia
Wed, Nov 2, 2011 : 1:50 a.m.
Shut 'em down.
Sallyxyz
Wed, Nov 2, 2011 : 3:10 a.m.
Long history here of bad service and this looks like negligence. I agree. Shut 'em down.
Terry Star21
Wed, Nov 2, 2011 : 2:44 a.m.
Seriously ? You don't even know if Hoey's or the young lady was at fault - wait for an investigation please.
RunsWithScissors
Wed, Nov 2, 2011 : 1 a.m.
I've worked with horses for many years. They're graceful, wonderful, powerful animals. That being said, it's not uncommon for accidents to happen when working with horses or livestock of any nature. Discuss this incident with any farmer, rancher, or equestrianne and you'll discover that they're not surprised when things go awry. I'm truly sorry for what happened to this young woman. This could have been me in many different situations. In our litigious society it's seemingly easier to place the blame anywhere but on ourselves. I hope that the folk involved take a deep breath and think about the responsibilities they have. I wonder if they'll be allowed to do that without the clamoring from the peanut gallery.
Matt Cooper
Wed, Nov 2, 2011 : 2:57 p.m.
Yes, and maybe she can sue the township for not being present as well. And then she can sue the county for allowing the famr market to exist in the first place. And then she can sue the state for not policing the county a bit better. Then she can sue the US gov't for.....I dunno, we can think of something later.
treetowncartel
Wed, Nov 2, 2011 : 4:34 a.m.
As I commented earlier, but was deleted, a win against the maker of the wagon may actually be pyrhic victory for the injured employee. Any lawsuit against the team of medical professionals helping her could Also be a real setback.
Terry Star21
Wed, Nov 2, 2011 : 2:41 a.m.
Thank you Runs - accidents do happen, horses do 'freak out' and sadly, we don't really know if the young injured person was at fault. We would like (hope) she wasn't, but we do not have proof she wasn't !
treetowncartel
Wed, Nov 2, 2011 : 2:38 a.m.
I actually think he is blaming the horses.
Marilyn Wilkie
Wed, Nov 2, 2011 : 1:53 a.m.
you are blaming the victim?
lumberg48108
Wed, Nov 2, 2011 : 12:15 a.m.
to everyone who claims they "would have been there (hospital) within minutes" i would assert we dont know the situation as it happened and why he did not visit within what the commenters believe is an acceptable time frame ... small business owners face many challenges, especially during the peak season -- he was needed elsewhere at that moment -- cold, heartless, whatever you want to call it but when accidents happen stores usually dont close (unless its a death) and the show, for lack of a better term, must go on its nice to know how people judge others - based on "what I would have done in the same situation" news flash - it was not you so you have no idea what was going on but please, keep judging him
Jess
Wed, Nov 2, 2011 : 1:31 p.m.
The business owner needs to think about not only the immediate needs of the injured worker, but also prevent more injuries or escalating problems. If he saw that there were enough people tending the injured person immediately following the accident, he may have made the decision to help get the horses back under control before they ran over onlookers or went into the road to cause an accident. He would not have been of any help by her side or at the hospital (he is not a trained medical professional) but would definitely have been of help getting things back under control at the farm stand. If he hadn't acted as he did, people would likely be flaming him now for not taking charge of the situation and allowing a dangerous situation to continue.
Mr. Ed
Wed, Nov 2, 2011 : 3:06 a.m.
Lumberg I sure hope you don't own a business. In my business if I had an employee that was seriously injured at work I'm shutting the business down. Yes it is heartless and cold not to do so. My only thoughts at that at that time is for the emergency care for my employee and the support of the family. No amount of money is worth a persons well being. So in my world the show will stop. It's a judgement that I can pass and decide if I would do business with that establishment. It's called business ethics.
Terry Star21
Wed, Nov 2, 2011 : 2:38 a.m.
Exactly my point lumberg, you have all these 'qualified' readers offering their opinions on something they have read - what is wrong with these people ?
Tesla
Tue, Nov 1, 2011 : 11:17 p.m.
First of all, my family and I wish Ms. Armbruster the best. What do you say to someone facing something like this? As far as the letter goes, I can't believe Mr. Hoey or his daughter Jenny have not reached out to this girl. They have to be getting this advice from their lawyer. I at least hope thats why they haven't tried to contact her or her family. I don't think I could sleep until I reached out if it were me.
Tesla
Wed, Nov 2, 2011 : 12:20 a.m.
As you prefer, but checking in within two days to me is acceptable.
Mr. Ed
Tue, Nov 1, 2011 : 11:43 p.m.
Tesla that was two days after she was in the hospital. If I was the business owner I would have beat the ambulance to the hospital. I would not have waited... case closed.
Tesla
Tue, Nov 1, 2011 : 11:21 p.m.
I need to read stuff before posting. Mr. Hoey wanted to visit and was told not too. Case closed. Bring on the lawyers.
David Briegel
Tue, Nov 1, 2011 : 11:14 p.m.
I don't understand why she is not FULLY covered by Workers Compensation Insurance? What is going on here? She was working. Is he not covered? Come on A2.com, please tell your readers the whole story! I agree with heardoc for the very first time that it is a Workers Comp case but I totally disagree with the assertion that "careless disregard" is a long shot! It would be very easy to show that "disregard" by the simple fact that this young woman has not heard from her saintly, noble, pillar of the community employer!
Debbi Chambers
Wed, Nov 2, 2011 : 4:16 p.m.
David, if you read the entire article, she requested that Mr. Hoey NOT visit her. He's put the claim in to his insurance company so that her bills are taken care of, and she will likely receive Workman's Comp. That's really all he can do until the claim is resolved, barring her changing her mind about him contacting her directly.
jns131
Wed, Nov 2, 2011 : 2:45 p.m.
There was someone at the bus lot who got injured. This person had to use all of his sick time and personal time before workmans comp kicked in. You have to wait 2 weeks or 14 days before workmans comp kicks in. Once it does kick in? Then you have money rolling in. An employer can come in with a doc that says you are eligible to work forcing you out of that money even if your personal doc says no. This did happen at AAPS Transportation and the person ended up going out again because of a new injury because they forced this person back to work. He is on permanent disability. I know because I know this person and I ended up driving his summer shift. I wish this person well because this person can no longer work.
Ron Granger
Wed, Nov 2, 2011 : 12:28 a.m.
Workers comp in Michigan can take years to pay. I have a family member who was forced to go to court over a simple on the job injury and knee surgery. The insurance company refused to pay for the knee surgery. In court they offered no defense. It was all just foot dragging. The judge made his award. That was one year ago and they still haven't paid the entire amount. This was a low 5 figure award.
Matt Cooper
Wed, Nov 2, 2011 : 12:12 a.m.
"Careless disregard" pertains to the incident and factors leading up to the incident. It has nothing whatever to do with anything after the incident. Assailing the mans character after the incident proves nothing about the incident itself.
Carolyn
Tue, Nov 1, 2011 : 10:59 p.m.
Oh this is so sad. I am hoping that there still remains hope, no matter how small. My thoughts and prayers are with Ms. Armbruster.
Heardoc
Tue, Nov 1, 2011 : 10:26 p.m.
I do not believe there is a basis for a lawsuit that will cause Hoey to pay anything. Work Comp laws are very specific and this case is a work comp case. There is liability afforded under work comp-- but it will be a huge stretch to get a civil judgement against Hoey personally. The lawyer is attempting to portray Hoey as reckless and that he has disregard for his employees safety. This is a long shot at best.This will be a huge hurdle to overcome. HUGE! As far as Hoey commenting-- won't hurt, won' help.
Debbi Chambers
Wed, Nov 2, 2011 : 4:11 p.m.
Mr. Ed, it sounds as if you don't really have a working knowledge of what "preponderance of the evidence," or how it's used. For most civil claims, there are two different evidentiary standards: preponderance of the evidence, and clear and convincing evidence. There is no "greater or less than 50%" standard that is a dividing line between the civil action "preponderance of the evidence" and criminal action's "beyond a reasonable doubt." Basically, what this means to this case is that the quantum of evidence that constitutes a preponderance cannot be reduced to a simple formula. A preponderance of evidence has been described as just enough evidence to make it more likely than not that the fact the claimant seeks to prove is true. It is difficult to translate this definition and apply it to evidence in a case, but the definition serves as a helpful guide to judges and juries in determining whether a claimant has carried his or her burden of proof. The judge/court may also require that the evidentiary standard be raised to to one of clear and convincing evidence, also not exactly quantifiable.
Matt Cooper
Wed, Nov 2, 2011 : 2:49 p.m.
I have a degree in criminal justice, Mr. Ed. I know well the difference between types of "proof" so now, prove 50% of what he knew. Still pretty hard to do.
jns131
Wed, Nov 2, 2011 : 2:41 p.m.
Social Security Disability Act will kick in if the person can never work again. This includes medicare. Between Workmans comp and SS? They will have enough to get by with. Not sure how much, but enough.
craigjjs
Wed, Nov 2, 2011 : 11:57 a.m.
It does seem that WorkComp will govern here. Under WorkComp, employees are compensated for work-related injuries without having to prove negligence or wrongdoing by the employer. In exchange, workers cannot sue the employer for negligence, etc. There can be exceptions, such as the worker was a contractor and not really an employee, but these are very difficult to prove. There will probably be a claim proceeding because the insurer will want to pay as little as possible.
Mr. Ed
Wed, Nov 2, 2011 : 2:59 a.m.
The only proof required is less than 50%. So no one needs to prove anything more or less than 50%. No beyond a reasonable doubt + more than 50% (Criminal) Preponderance of the evidence = less than 50% (Civil).
Matt Cooper
Wed, Nov 2, 2011 : 12:22 a.m.
Ok. Prove what he knew and what he didn't. Lot harder than it looks on the surface.
average joe
Wed, Nov 2, 2011 : 12:14 a.m.
There is basis for a lawsuit if there is proof that he knew of faulty equipment before he handed her the reins. I agree with M. Wilkie .
Marilyn Wilkie
Tue, Nov 1, 2011 : 11:04 p.m.
well, but then again, you aren't her lawyer and you are not privy to information bout this case.
Cash
Tue, Nov 1, 2011 : 10:18 p.m.
The legal issues will no doubt be resolved in court. The heartbreaking news is that she is paralyzed. How horrible. ...so young and with her whole life ahead of her.
Tom Teague
Tue, Nov 1, 2011 : 10:57 p.m.
@Cash - Thank you for bringing some perspective to the conversation. I hope that the prognosis for Ms. Armbruster improves, that she receives compassionate and complete medical care, that her friends and family provide caring support, and that the insurance company does the right thing for her.
thecompound
Tue, Nov 1, 2011 : 10:12 p.m.
Does this Hoey guy EVER decline commenting? He doesn't do himself any favors....
jns131
Wed, Nov 2, 2011 : 2:38 p.m.
I have to agree with roadman. The attorney is telling them to put a lid on it. Even email. Anything can be held against you in a court of law. Insurance is paying for most of it. If they want liability and more money then the injured party need to sue the individual for more. Otherwise, sounds like a long road to recovery.
craigjjs
Wed, Nov 2, 2011 : 11:52 a.m.
I doubt he has an attorney. He said his insurers would probably pay the damages. He has merely handed everything to the insurers. Perhaps the insurers should advise him to shut up.
Roadman
Wed, Nov 2, 2011 : 2:59 a.m.
His attorney should be advising him to put a lid on it.
Marshall Applewhite
Tue, Nov 1, 2011 : 10:06 p.m.
I don't really understand why there is an article every day about Jenny's Farm Market.
A Friend
Wed, Nov 2, 2011 : 5:03 p.m.
I'm with Marilyn... sheesh dude!!!
Charlie Brown's Ghost
Wed, Nov 2, 2011 : 10:22 a.m.
I do
lumberg48108
Tue, Nov 1, 2011 : 11:10 p.m.
I agree this is news and other stories have been news as well - except for the one where a child fell off a pony with her dad inches away -- and there was never a claim of a major injury ... by that token, anything is news ... what if a kid ate too many donuts and got sick or fell of the hay ride --- it happens all the time and is not news on any level
Tom Teague
Tue, Nov 1, 2011 : 10:52 p.m.
I think every one of the stories passes the news test: Even if they happened somewhere else, I'd expect aa.com to run a story about an employee accident, a stop work order, a robbery and assault, and Ms. Armbruster's statement about her accident and injury.
a2citizen
Tue, Nov 1, 2011 : 10:20 p.m.
The article was not about Jenny's Farm Market. It was about Mary Ruth Armbruster.
Marilyn Wilkie
Tue, Nov 1, 2011 : 10:17 p.m.
Because a 23 year old woman is now paralyzed. You do not have to read the articles if they don't interest you.
A2Woman
Tue, Nov 1, 2011 : 10:04 p.m.
Mary Ruth, I am truly sorry to hear that you are paralyzed as a result of this unfortunate accident. Thanks for letting A2.com, and its readers know the extent of your injuries. Much speculation has surrounded this tragedy. I find it shocking that neither Mr. Hoey nor his daughter have taken time out of their schedule to visit you in the hospital. I trust that he will step up to his financial responsibility, and it will not be a burden to you and your family. You will continue to be in my thoughts and prayers.
thecompound
Wed, Nov 2, 2011 : 1:25 p.m.
Does "contact" have to necessarily mean a physical visit?
craigjjs
Wed, Nov 2, 2011 : 11:49 a.m.
Matt Cooper - HIPPA does not govern the number of people who can visit a patient. That is up to the facility.
Mr. Ed
Wed, Nov 2, 2011 : 2:55 a.m.
Matt I know that I would not have been able to see her. However at least she knew through family that I was there for her. If anything I would have been there for the support of her family. Business is second to anyone's life or well being . I do know from reading the news story that Burton was not at the hospital for the first two day's. After that she did not want him there.
Matt Cooper
Wed, Nov 2, 2011 : 12:06 a.m.
Mr Ed., sorry to dissapoint you, but the chances of you visiting in the first couple days after an incident such as this are slim to none. Health care institutions are bound by HIPAA laws, and screen visitors very, very carefully, even up to the point of restricting visitors to immediate family if need be. While it might make you feel better about yourself to think you'd be there "2 minutes behiund the ambulance", this in fact is doubtful. And simply because Mr. Hoey wasn't there for 2 days doesn't mean he didn't try. I'm surely not saying he did, but the fact is you don't know for sure either way.
Mr. Ed
Tue, Nov 1, 2011 : 11:38 p.m.
As the owner of the business I would have been in the hospital 2 minutes behind the ambulance. End of story.
A2Woman
Tue, Nov 1, 2011 : 11:14 p.m.
Mary Ruth's statement: "2. Although several employees from Jenny's Farm Stand have contacted me and sent kind regards, neither Mr. Hoey nor Jennifer Lambers have contacted me to find out how badly I am injured." Her words end much of the speculation. Two days AFTER the accident she said he didn't want him to visit. He has not contacted her; no well-wishes sent.
lumberg48108
Tue, Nov 1, 2011 : 11:07 p.m.
ditto that dot ... its amazing people comment on parts of a a story and ignore points that debunk their comments
Dot
Tue, Nov 1, 2011 : 11:05 p.m.
Hoey said he had planned to visit Armbruster in the hospital, but added that she told Erskine two days after the accident, that she did not want him to visit. Erskine corroborated that. "She said that she would prefer him not to come visit," Erskine said.
Newbster
Tue, Nov 1, 2011 : 9:30 p.m.
I wonder how his daughter feels about the last sentence of the article?
jns131
Wed, Nov 2, 2011 : 2:35 p.m.
Probably thrilled that he finally retiring and having a place to live since all this drama has occurred with major set backs. Including this article currently.