Cases - Negligence Case Results In Mere Two Percent Of Plaintiff’s Original $900,000 Demand

Negligence Case Results In Mere Two Percent Of Plaintiff’s Original $900,000 Demand

Resolution Date
11/30/2012

Practice Areas
General Liability

Description

Dan McGrew and Neil Edwards defended a case of negligence filed against a regional building maintenance and operations service provider. The Plaintiff claimed that an improperly secured ladder fell and struck her, thereby causing significant shoulder injuries.Plaintiff’s counsel argued and presented evidence to the jury that Plaintiff was permanently disabled, unable to work, and had undergone three painful surgeries as a result of the accident. Further, Plaintiff argued that this was a case of clear liability because the ladder was placed near a doorway and should have been placed on the ground while it was unattended. Dan and Neil presented evidence that the incident was nothing more than an “unanticipated, unforeseeable accident” and asked the jury to find in favor of the Defendants. As an alternative, they requested a damage award related only to an AC Joint Sprain and inflammation that resolved within a year of the accident. Finally, Defense argued that the evidence showed that the Plaintiff’s rotator cuff tear and extensive subsequent medical treatment was not related to the subject accident.Plaintiff’s lowest pre-trial demand was $900,000; halfway through the trial the Plaintiff lowered demand to $550,000. However, the jury deliberated for approximately eight hours and reached a verdict for the Plaintiff in the amount of only $17,000.

Attorneys Involved
Neil T. Edwards

CCS Office
Atlanta