Apr05

DEFENSE VERDICT – PREMISES LIABILITY/TRIP AND FALL

Christopher Johnson and Richard Ozowski obtained a defense verdict in the Superior Court of California, County of Alameda, on behalf their client. In his lawsuit, Plaintiff Walter Kencke claimed that he suffered bodily injuries after he tripped and fell over a mat while exiting the Twin Pine Casino in Lake County, California on February 16, 2010. Our client began leasing mats to Twin Pine Casino in March of 2009. In his lawsuit, Plaintiff claimed that DOE Supply was negligent for providing a substandard mat, and for placing a mat without securing it to the ground. DOE Supply denied that it was negligent in any way, and denied the mat was substandard.

DOE Supply also disputed the nature and extent of Plaintiff's claimed injuries and damages. Plaintiff underwent cervical fusion surgery a month following the fall. His surgeon testified at trial that he suffered a severe spinal cord injury as a result of the fall, requiring 24 hour attendant care. The defense obtained a complete defense verdict following a 4 week jury trial. David R. Shane, of Shane & Taitz represented plaintiff. The case was tried before the Honorable Gail Brewster Bereola of the Alameda Superior Court.