Brian Donnelly won a defense verdict for our client, a retail vendor operating the store at which plaintiff allegedly tripped and fell over a drainage grate surrounded by broken concrete on the property. Plaintiffs' photographs taken shortly after the accident depicted deteriorated and broken concrete surrounding a drainage grate. At trial, Mr. Donnelly took the position that the accident could not have happened the way the plaintiff claimed because the nearest drainage grate was far way from where she claimed to have fallen.
The injuries were a torn meniscus with a scope and herniated disc at L4-5 with discectomy. There was no lost earning claim as plaintiff was unemployed at the time of the accident. Plaintiff's counsel made a demand of $450,000, and there was no offer. During trial preparation we discovered that the plaintiff had seven prior criminal convictions, 5 misdemeanors, a violation, and one felony. The court permitted cross examination on five of the seven prior convictions.
Although the jury found that our client was negligent in allowing the condition to exist, they found no proximate cause between the condition and the accident, and returned a defense verdict.