Attorneys for the Defendant
SCOTT W. PLANKEY
DALE R. HIGHTOWER

A 42-year-old Plaintiff stepped off the sidewalk of our client’s store curb onto an alleged defective ramp and fell. Plaintiff fractured her ankle and injured her knee, both of which required surgery; she also fractured her lumbar spine. Past medical bills were $83,000. Plaintiff was a registered nurse at Brandon Memorial Hospital and sought $30,000 in past lost wages and $30,000 in future lost wages.

Hightower and Plankey represented the client at trial.  Plaintiff asked the jury to award nearly $1.5million.  The Defense showed that Plaintiff failed to notice an open an obvious condition, while proving that the Plaintiff medical bills and requests for future damages were highly suspect.  Additionally, we were able to show that responsibility for maintenance of the parking lot was that of the landlord.  Our client served a proposal for settlement well above the ultimate award, nearly $20,000 which was rejected by Plaintiff.

Verdict:

Store: 5% responsible
Landlord: 70% responsible
Plaintiff: 25% responsible
Damages: $84,500 Total
Net Verdict to National Retail Chain - $4,225