Slip & Fall on Ice

Style of Case: Richee v. DeSherlia’s Landing Corporation
Client: DeSherlia’s Landing Corporation
Trial End Date: 5/28/2014
Court: Seventh Judicial Circuit Court, Jersey County
Type of Case: Slip & Fall on Ice
Judge: The Honorable Eric Pistorious
Reed Armstrong Lawyer who tried the case: Joshua Severit

Jury Verdict

Plaintiff claimed she slipped and fell on a patch of ice while walking her dog at an apartment complex owned by the Defendant. She fell on a common walkway next to a gutter which emptied water from the roof of the building. She alleged the gutter created an unnatural accumulation of ice by allowing water to run across the common walkway. The defendant argued a downspout diverted water away from the walkway, the weather conditions were not cold enough to create an unnatural accumulation of ice, and she contributed to her own injuries given her familiarity with the area where she fell.As a result of the fall, Plaintiff claimed she fractured her coccyx and missed over one month of work as a school bus driver. She incurred $6,193 in medical bills and $1,800 in lost wages. Defendant’s medical expert testified the plaintiff did not fracture her coccyx. She had a normal variant of her terminal segment, which could appear fractured to the untrained eye on an x-ray film. Additionally, defendant’s expert would have sent Plaintiff back to work immediately.The jury found plaintiff’s contributory negligence was 50% the proximate cause of the accident and returned a net verdict for $3,596.92. The jury awarded $0.00 on Plaintiff’s lost wage claim.Plaintiff filed a post-trial motion for judgment notwithstanding the verdict. Plaintiff argued the verdict was inconsistent given the jury’s award of medical bills, pain and suffering, and no lost wages. The Court ruled in Plaintiff’s favor, awarding lost wages of $1,800.

Last Demand: $32,600.00
Verdict: $3,596.92