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Premises Liability; Negligence

Premises Liability / May 14, 2015

Court/Case No: Van Buren County Circuit Count/ 14-64-204-NO

Tried/Argued Before: Jury

Demand: $180,000

Verdict:  Adjusted verdict of $5,586

Name of Judge(s): Honorable David J. DiStefano

Keys to the Case:

The plaintiff fell down an open unguarded stairwell in a dimly lit portion of the premises. The plaintiff and witnesses testified that the stairwell area was dark and unlit, and that the bi-fold door at the top of the stairs that should have been closed, was open. This testimony negated the open and obvious defense, so trial efforts were focused on the plaintiff’s comparative negligence, which the jury determined to be 51%, thus barring plaintiff’s claim for non-economic (pain and suffering) damages; and reducing her economic claim (for medical costs) by 51%.


Defense SW attorney(s) Involved in Case:


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