Favorable Verdict – Injury Law Firm - $113K Net Verdict - $300,000 Demand – Plaintiff Found 51% Negligent

On November 7, 2024, Founding Partner, Jack Luks and Senior Partner, Allison Janowitz obtained a favorable verdict in matter styled Plaintiff v. Defendant Retail Mall.  Plaintiff alleged she tripped and fell in the mall’s parking lot over a dangerous condition that was caused by the mall’s negligent maintenance and failed to warn the Plaintiff of the hazardous condition about which Defendant knew or should have known.

Plaintiff alleged that on July 10, 2022, while she was an invitee on Defendant’s premises, she was crossing a parking lot when she fell on a raised piece of concrete near the curb of a landscape median.  Plaintiff demonstrated through the use of Google Earth that the defect had existed for over three years and the Mall had failed to maintain or repair it.

During trial, the Defense presented evidence that the Plaintiff told three different healthcare providers that she fell due to tripping over her flip flops with no mention of broken or raised concrete.  She further changed her testimony as to which defect in the parking lot caused her to fall.  Plaintiff introduced a liability expert who testified that the area was in violation of multiple codes and standards.

Medical treatment was not contested.  Plaintiff, upon landing on the asphalt, fractured her patella and underwent a surgery and extensive therapy for one year.  Plaintiff alleges that as a result of the fracture and surgery she was unable to walk up stairs easily, work out or go for walks with her friends, walk on the beach, lift weights, run, jog, dance, or bowl.  She has difficulty bending, standing for long periods of time and bathing.  She had to add a chair in her shower and modify her toilet.  Her pain was reported to be constant and she rated it as an 8/10.

Liability and comparative negligence were contested until the very end.  Plaintiff requested $50,000 every year for the next 30 years of her life.  Defendant admitted the hard cost of the medicals and miscellaneous damages, while arguing significant comparative negligence on the part of the Plaintiff.  In addition to the undisputed medicals of $49,00, the jury awarded Plaintiff $182,000 in pain and suffering both in the past and in the future but found the Plaintiff 51% negligent resulting in a net verdict of $113,000.