CSK Obtains Defense Verdict in Premises Liability Case

December 7, 2012

Aram Megerian and Tawna Schilling of Cole, Scott & Kissane’s Tampa office obtained a complete defense verdict in this premises liability case. The subject incident occurred on exterior wooden stairs and the Plaintiff presented unrebutted expert testimony that the stairs were not compliant with the applicable building code. The case went to the jury with an admission by the defense that the subject stairs did not comply with certain of the building codes requirements.

Notwithstanding the reality of certain non-compliant aspects of the stairs, Aram and Tawna argued that the stairs nonetheless posed no hazard or danger and the cause of the incident and plaintiff’s injuries was her own negligence. The defense presented a trial theme to the jury that the Plaintiff should have been responsible for her own actions and/or inactions.

The Plaintiff boarded $65,000 in past medical expenses and asked for $5,000 per year for 20 years in future medical expenses. In addition the Plaintiff requested a significant award for non-economic damages.

The jury returned a complete defense verdict.

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