Ken Sharperson

    Defended a premises liability case after a five-day jury trial where the plaintiff alleged that she slipped and fell in unidentified liquid on a tile floor. The cause of the fall was initially identified as the plaintiff tripping on the carpeted area for an unknown reason as there were no defects in the area. The plaintiff sustained a closed head injury and a displaced, comminuted distal humerus fracture for which she underwent open reduction with internal fixation. The medical records confirmed that the plaintiff reported tripping on the carpet. Despite the witness accounts that the plaintiff tripped over her own feet, she continued to prosecute the case claiming she fell on liquid. After the trial, where the defense focused on the inconsistent stories of what caused the plaintiff to fall, the jury found that there was no water on the floor where the plaintiff alleged she fell, and that the client was not negligent in causing the plaintiff’s fall (6-0). The plaintiff’s initial settlement demand was $500,000.

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