Attorneys for the Defendant:

DALE R. HIGHTOWER
MICHAEL A. COSTELLO

Plaintiff was walking on the public sidewalk in front of Defendant’s restaurant when he allegedly tripped and fell on a lava rock that was part of the restaurant’s landscape design. As a result of the fall, Plaintiff suffered a terrible triad injury in which his right arm was stuck at a permanent 90-degree angle. A month prior to trial, Defendant offered $500,000, which Plaintiffs denied. During the week-long trial, Plaintiff made a demand to the jury for ten million dollars ($10,000,000).

Plaintiff’s family testified no one saw the lava rock on the sidewalk before Plaintiff fell, no one knew how long the rock was on the sidewalk, and no one knew how the lava rocks got on the sidewalk. The restaurant is located in a tourist generated business area with activities in the day and evening, streetlights, and a well-lit tourist attraction directly behind the restaurant. Plaintiff’s landscape architect expert testified that lava rocks were hazardous, easily movable, and the level of activity around the apex of the bed of lava rocks is a foreseeable hazard likely to cause injury.

Plaintiff’s orthopedic expert and treating physician testified he relied on Plaintiff’s medical records to diagnose. Plaintiff sustained a significant triad injury to his right arm. During cross examination, we were able to get the doctor to admit those records contained errors and failed to acknowledge Plaintiff’s long medical history which may have contributed to the fall.

RESULT: At the close of evidence, the jury awarded $1,170,000 for Plaintiff’s damages. However, the jury found that Plaintiff was 70% at-fault for the accident, while the Defendant was merely 30% liable, and apportioned fault accordingly.

As such, Plaintiff’s reduced award was totaled to $351,000.