November 5, 2024
ShareKelley Kronenberg Secures Defense Verdict in $1M Premises Liability Trial
Kelley Kronenberg’s litigation team, led by Partner and Business Unit Leader Aaron Neifeld, alongside Practice Partner Naomi Bradford, Attorney Ryleigh Walaconis, and Legal Assistant Stacey Maler, secured a complete defense verdict in a significant premises liability case in Palm Beach County.
The plaintiff sought damages on behalf of her deceased husband for injuries allegedly sustained in a slip and fall incident at the defendant’s apartment complex. The case, tried before Judge Reid Scott, presented unique challenges as the defense had admitted responsibility for a water heater leak on the premises. However, the defense disputed that this leak was the cause-in-fact of the husband’s fall and further disputed medical causation.
Despite this admission and not calling a single witness in our case-in-chief, our team mounted a successful defense by challenging the causal connection between the property condition and the plaintiff’s claimed lumbar fracture. Through cross-examination of Plaintiff’s expert doctors, we demonstrated that the injury was osteoporotic in nature, and multiple falls reported around the same time period made it difficult to establish that the leak was the cause of the specific injury claimed.
In closing, Plaintiff’s counsel asked the jury to award more than $583,000.00. The jury ultimately returned a complete defense verdict, finding no causation. This outcome represented a significant victory, as it saved the defendants from a potential total exposure approaching $1,000,000.00.
We extend our sincere appreciation to Lisa Flamme at SOMPO and our client representative Stephanie Mathieu for their invaluable support and collaboration throughout this case.
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