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Joseph M. Toddy Secures Favorable Verdict in Defense of a Regional Supermarket

May 24, 2017

Joseph M. Toddy, obtained a defense verdict at a jury trial arising out of a slip and fall incident that occurred at a regional supermarket chain in Berks County, Pennsylvania. Mr. Toddy defended the grocery chain against allegations of negligence in the care and maintenance of its floor. Mr. Toddy argued that the supermarket had systems in place to make sure that the floors were kept in pristine condition and that if a spill occurred the store had acted reasonably in attempting to keep the floors clean for customers. Mr. Toddy brought into question the Plaintiff’s own comparative negligence in failing to look where she was walking and failing to act with due regard for her own safety. He further argued that the 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. Toddy urged the jury to ignore unsupported allegations of a permanent left knee injury due to the slip and fall.  Plaintiff’s pretrial demand was $90,000. Plaintiff had total medical bills of $19,000 and a medical lien of $14,000. No offer was made by the Defendant before the trial. 

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