In the age of nuclear verdicts, Partner Tyler Finnegan recently defended a large local developer/property owner and a property management company in a premises liability case over damages in a trial before a St. Louis City jury. As one of the Plaintiffs was leaving a grocery store, she slipped on ice, that appeared to be water, on the upper parking deck and fell, fracturing her leg and ankle in two places. The Plaintiff’s husband also made a claim for loss of consortium.
Almost a year prior to Plaintiff’s fall, both the developer/owner and management company had identified a low point of the parking garage during a warrantee walk-through following construction. The area was on the upper parking deck that encroached on a handicap access aisle as well as the bike rack area. Water would pool and fail to drain from that area. Unfortunately, the two defendants did not remedy the low point prior to the winter season and the ice formed and was untreated prior to the fall. The fall was captured on video. Following the fall, Plaintiff was taken by ambulance to Barnes Hospital and had same day surgery where the surgeon installed two plates and 10 screws in her ankle. The plaintiff’s medical expert testified that plaintiff would likely need to have additional surgery in the future.
Despite the notice of the low spot and a video showing the Plaintiff fall on ice, Tyler persevered in the case by focusing on the comparative fault of the Plaintiff, inflated damages, and the uncertainty of the future surgery. At trial, Plaintiff’s counsel demanded $1.2 million on behalf of the Plaintiff who fell and $300,000.00 on behalf of the Plaintiff Spouse. Prior to trial, Plaintiffs’ lowest demand was $850,000.00. Defendants had offered $150,000.00 prior to trial with the understanding there was room to move. After convincing the jury that Plaintiff was 25% at fault, the Plaintiff was awarded $300,000.00; one-fourth of Plaintiff’s demand at trial. Tyler obtained a defense verdict on the loss of consortium claim brought by the Plaintiff husband.