Defense Verdict - Rubenstein Law - Premises Liability

On October 22, 2024, Senior Partner Dorsey Miller and Managing Partner William Peterfriend obtained a compete defense verdict in a premises liability matter styled Plaintiff v. Defendant Retail Store. The Plaintiff claimed Defendant Retail Store negligently allowed a 10-foot down spout to fall out of its display, thereby striking Plaintiff on the head. The Plaintiff subsequently claimed that she suffered a neck injury which resulted in surgery. The court bifurcated liability and damages. At trial, Plaintiff argued that the display dangerously allowed a downspout to be 14 feet off the ground with inadequate protection from falling and striking customers. The Defense was able to elicit testimony from Plaintiff and her partner that they never saw the down spout before it hit her, had no idea where it fell from, have no idea where it was before it hit her and admitted there were two other customers within the vicinity of the display. During closing arguments, Defense argued Plaintiff’s case was solely based upon speculation with no direct evidence of negligence. The jury returned a verdict finding no negligence within 15 minutes.