Melissa Crowley and Mike Brand obtained a full defense verdict in a slip and fall case in Marion County. Plaintiff alleged he slipped and fell in a puddle of water on the floor of a surgery center, sustaining a traumatic brain injury (TBI). The defense argued that he did not slip and fall in water, rather, he fainted as the result of seeing his minor daughter in the facility post-operatively. Multiple prior employees of the surgery center were called to testify at trial, including one who saw the water on the floor after the fall occurred.
Plaintiff retained expert witnesses in the fields of endocrinology, neurology, ophthalmology, and life care planning to legitimize his TBI. After successfully arguing a motion to bifurcate trial as to liability and damages, the trial was held as to liability only. The defense moved for directed verdict at the close of Plaintiff’s case, which was granted as to actual notice and Plaintiff withdrew during the motion arguments regarding regularity. Therefore, the case went to the jury solely on the issue of whether the water was on the floor for a sufficient period of time to establish constructive notice. The jury deliberated for one hour before returning the verdict. Prior to trial, Plaintiff’s lowest demand was $1.5 million dollars.
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