April 11, 2024
Congratulations to Bruce Raymond, a Partner in MKCI’s Hartford office, on obtaining a defense verdict in a hard fought premises liability matter!
The case involved an alleged slip and fall in the ladies room at a regional retailer’s location in Randolph, Massachusetts. The floor had recently been mopped and “wet floor” warning signs were posted in the hallway outside of the bathroom as well as inside the bathroom. There was also evidence that an employee orally warned Plaintiff that the floor had just been mopped. In addition, Plaintiff was captured on surveillance video walking past the warning sign that was outside of the ladies room at the time of the accident.
Plaintiff claimed neck, back, shoulder and bilateral knee injuries, but defense investigation showed Plaintiff had pre-existing injuries and degenerative conditions for all of the claimed injuries long before the accident. In fact, Plaintiff filed two prior suits claiming neck and back injuries associated with motor vehicle accidents.
The lowest demand for settlement before trial was $100,000. After 40 minutes of deliberation, the jury of 8 returned a defense verdict finding the retailer was not negligent.
Key to the result was a successful defense motion for instruction to the jury that they could not consider the fact that Plaintiff appeared in a wheelchair as evidence of liability or damages due to lack of any medical opinion establishing a causal connection to the subject incident.