Zarwin Baum Secures Favorable Verdict in Defense of a Premises Liability Action Against Grocery Store Client
February 28, 2017
James F. Logue,completed a civil jury trial arising out of a slip and fall incident that occurred at a regional supermarket chain in Montgomery County, Pennsylvania. Mr. Logue defended the grocery chain against allegations of negligence in the care and maintenance of its floor during inclement weather. Mr. Logue brought into question the Plaintiff’s own comparative negligence in failing to look where she was walking, failing to wipe her boots and in being distracted. He further argued that Plaintiff failed to mitigate her damages by failing to treat her alleged injuries in a timely fashion, in treating sporadically and in being noncompliant with treatment recommendations. At the close of the evidence, Mr. Logue urged the jury to ignore unsupported allegations of a permanent ankle fracture due to the slip and fall. After deliberating for an hour, the jury returned with a verdict of only $1,500.00 for medical expenses (when the Plaintiff was seeking $3,881.21 in alleged medical expenses), and $0 for pain and suffering. The $1500 award was reduced to $780 based upon the jury’s finding that the Plaintiff herself was 48% negligent through her own conduct.