Kenneth Amos and Miles Hickman (St. Petersburg, FL) (Premises Liability) obtained a verdict favorable for the Defense in Pinellas County Circuit Court on the afternoon of Tuesday July 27th. This was their office’s first trial in over 15 months since the start of the COVID pandemic.
In the suit, the Plaintiff alleged that she tripped over a box placed by the Defendant in the hallway of a medical office. The Plaintiff was the office administrator at this medical office and the Defendant was an electrical contractor hired to replace a light fixture in the ceiling of a lab room in the building. The hallway where Plaintiff tripped was adjacent to this lab room.
The Defense elicited testimony that showed that Plaintiff was late for work that morning and was in a hurry as she tried to navigate around the “obstacle” on the floor of the hallway. During cross examination, the Defense was able to get the Plaintiff to admit that she did not know whether she actually tripped over the box. It was later shown on direct examination of the Defendant, that in fact, the Plaintiff tripped over her own feet as she navigated around the box. The Defendant, however, admitted on cross examination that he created a hazardous condition by allowing the box to jut out into the hallway from the abutting lab room. While this negative testimony was certainly a hurdle, the Defense was able to navigate around the issues in this case effectively during closing arguments and present a theory of the case that was relatable to the average juror, this included relating to how we are expected to navigate around obstacles everyday of our lives.
Following the close of Plaintiff’s case and chief, the Defense moved for directed verdict. The Defense’s position was that the box was open and obvious, and not inherently dangerous, and thus there was no legal duty of the Defendant. However, the Judge denied the motion based on the Plaintiff’s testimony that she cut through an office space and when she turned the corner, the box was only a few steps in front of her in the hallway. As such, the Judge found that the box was not open and obvious.
As a result of the Plaintiff tripping, she began falling forward, approximately 6 to 8 feet down the hallway, before she ultimately hit an office door frame with her right shoulder/arm. Plaintiff’s injuries included a fractured humerus, which required an open reduction and internal fixation surgery to repair. This surgery put the Plaintiff out of work for approximately 6 weeks. The surgery resulted in permanent hardware left in the Plaintiff’s arm, as well as, scarring to the back of her arm. Plaintiff’s outstanding medical bills and lost wages totaled $73,425.41 and were stipulated to prior to the start of the trial.
While the Plaintiff wished to show that she still had limitations in her right arm, it was pointed out by the Defense during closing arguments that during the course of the trial, the Plaintiff continuously held exhibits up to the jury with her right arm, without any limitations.
The Plaintiff asked the jury for damages of approximately $350,000 to $425,000. After over two hours of deliberating, the jury rendered a verdict which included $133,425.41 of total damages. However, the jury found that the Plaintiff herself was 40% comparatively negligent for causing the trip and fall.
The final award of $80,055.24 was a favorable verdict for the Defense.