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Tom McCausland and Sam Kugbei, partners in the Hollywood office, recently secured a favorable verdict in a premises liability case tried in Key West, FL. They represented a restaurant sued by a Rhode Island resident who claimed she tripped and fell while stepping off an elevated wooden platform sometimes used as a live performance stage. As a result of the fall, Plaintiff fractured her right foot. She underwent three surgeries and multiple rounds of physical therapy. She claimed that, despite years of treatment, she continued to experience chronic pain.

Plaintiff’s counsel argued the restaurant breached its legal duty to maintain a reasonably safe premises because the step was excessively high—allegedly more than 2 inches higher than what was permitted under the applicable building code and its material and color matched the surrounding deck, creating an optical illusion that concealed the change in elevation. The defense argued the platform, as an existing structure under the building code, was permitted to remain unchanged. The defense further argued the step was not unreasonably dangerous and Plaintiff fell because she was not was not watching where she was walking. The defense also argued that Plaintiff’s fracture had healed and she was able to live without significant restrictions.

In closing, Plaintiff’s counsel asked the jury to award between $818,800 and $1,637,600 in damages. After deliberations, the jury found the restaurant 50% liable and Plaintiff 50% liable. They awarded Plaintiff $100,000 for past medical expenses and $50,000 for past pain and suffering, with no award for future medical expenses or future pain and suffering. After the 50% comparative fault reduction, Plaintiff’s net recovery was $75,000. Following post-verdict set-offs, the defense may be entitled to recover attorneys’ fees and costs pursuant to a Proposal for Settlement.