News - Tharpe & Howell - Litigation and Transaction Lawyers

FIRM WINS DEFENSE VERDICT ON BEHALF OF HOSPITALITY CLIENT!

Firm Partner Paul Wayne recently won a defense verdict in favor of a hospitality client at the conclusion of a full Jury Trial!

In this case, plaintiff sought more than $3 Million Dollars in damages for injuries sustained after tripping and falling on a step in the exit area of our client's restaurant.

As a result of the fall, plaintiff suffered significant injuries and incurred more than $900,000 in medical bills. She also claimed a need for future surgery at a significant cost, along with past and future lost earnings and the need for vocational rehab.

During Trial, counsel for the plaintiff argued that a lack of color contrast between the carpet and an apron leading up to the step made it difficult for the step to be seen. He claimed the restaurant should have had some type of ramp or warning sign in place, or should have used contrasting colors in the flooring materials.

In opposition to these arguments, Attorney Wayne noted that the plaintiff had been a patron at the restaurant for 25 years and had likely used that exact same exit and step numerous times while dining at the restaurant in the past. He also noted the plaintiff's own safety expert had a step at the front of his business that did not have any ramp or warning sign, or contrasting colors in flooring. Attorney Wayne argued it be unfair to hold another business owner (such as the Firm's client) to a standard higher than that met by plaintiff's own safety expert in this case.

The Jury apparently agreed with Mr. Wayne and rendered a verdict in favor of the defense!

Because the Jury's verdict did not exceed previous strategic offers made to plaintiff prior to Trial during the litigation process, the Firm's client will be entitled to recover extraordinary costs from plaintiff as a result.

Mr. Wayne is a Partner of the Firm in the Sherman Oaks and San Diego offices. His practice focuses on all phases of civil litigation, including arbitration, trial and appellate work. Mr. Wayne represents a broad range of clients on matters related to Tort Litigation, Business Litigation, Medical Malpractice, and Hospitality Law. If you would like more information on how Mr. Wayne can help you reduce risk, please contact him at (818) 205-9955 for a free consult.

Related Attorney(s):
Paul V. Wayne

Related Practice Area(s):
Hospitality Law