Premises Liability

Demand

 $300,000

Offer

 $50,000

Result

 Defense Verdict

Venue

 Armstrong County

Judge

Vilasak

Attorney

 Paul J. Walsh III

Tent pole knocked over / alleged head injury

The Plaintiff alleged that she sustained a head injury after being struck with a 12-foothigh, 30-pound tent pole that was knocked over and struck her on the back of the head, rendering her unconscious. The Defendant personal care home was alleged to be negligent in the erection of a large tent built for an auction on its premises.

This 36 year-old Plaintiff alleged that as a result of this head injury, she was unable to work for the rest of her life and would require future medical treatment. The Defendant personal care home successfully argued that there was insufficient evidence to prove it negligently erected the tent thus causing this accident. Furthermore, the Plaintiff clearly had recovered from the alleged closed head injury if, in fact, she sustained the same from this accident.

The jury entered a defense verdict after a three-day trial.

Demand

 $125,000

Offer

 $10,000

Result

 $506 verdict for the Plaintiff

Venue

 Westmoreland County

Judge

Caruso

Trip and fall / bilateral elbow fractures

While setting up a booth for the 1997 Fort Ligonier Days Celebration, the Plaintiff tripped and fell on a stump between hedges on her way into a parking lot.

The defense offered evidence that the Plaintiff chose to use a short cut to the parking lot instead of an available paved lot entrance and sidewalk only several feet away. She fell and fractured both of her elbows and claimed an aggravation of a pre-existing mental health condition.

The jury awarded only $506 for the Plaintiff.

Demand

 $275,000

Offer

None

Result

 Defense Verdict

Venue

 Allegheny County

Judge

 Bladwin

Attorney

 Paul J. Walsh III

Fall down at shopping mall / back injury requiring fusion

This case arose out of an alleged trip and fall that occurred on a sidewalk at a shopping mall. The 36 year-old pregnant Plaintiff sustained a torn meniscus in the left knee which required arthroscopic surgery in addition to a permanent back injury requiring a fusion.

The Plaintiff claimed lost future earnings of approximately $250,000, along with lost wages of $20,752.

A verdict was entered for the defense.

Demand

 $160,000

Offer

 $12,000

Result

 $9,085 (molded for 50% comparative negligence on Plaintiff)

Venue

 Allegheny County

Judge

 Baer

Attorney

 Paul J. Walsh III

Trip and fall over elevation / depression in sidewalk

The Plaintiff tripped and fell over a one-inch elevation/depression between sidewalk slabs.

She suffered a comminuted fracture of the right arm which resulted in two surgeries due to a non-union of the bones.

Demand

 $750,000

Offer

 $175,000

Result

 Defense Verdict

Venue

 Erie County

Judge

 DiSantis

Attorney

 Paul J. Walsh III

Slip and fall case at a bank

A woman alleged that the bank was responsible for her slip and fall because it allowed a build-up of snow and ice on its sidewalk. She alleged a permanent back injury, a fractured wrist, and carpal tunnel syndrome.

A neurologist from the Cleveland Clinic testified that this 36 year-old woman was permanently disabled and would never work again.

Demand

 $96,000

Offer

 $10,000

Result

 Defense Verdict

Venue

 Jefferson County

Judge

Snyder

Slip and fall on water causes slipped femoral epiphysis

The Plaintiff slipped and fell on water at the Defendant’s grocery store. She claimed that the water was caused by a leaking refrigeration system.

As a result of the fall, the Plaintiff sustained a slipped femoral epiphysis requiring surgery and the insertion of a screw into her hip.

Demand

 $55,000

Offer

 $18,000

Result

 Defense Verdict

Venue

 Butler County

Judge

 O’Brien

Trip and fall on torn tread causes torn ACL

The Plaintiff, a unit owner in a commercial condominium development, sued the Defendant condominium association after he tripped and fell on the torn tread of a stair in a common stairwell.

The Plaintiff maintained that the condominium association had notice of the dangerous condition of the stair but failed to take any action to correct the defect.

His fall resulted in a torn ACL requiring arthroscopic surgery. He thereafter developed post-traumatic osteoarthritis.

A verdict was entered for the defense.