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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
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: