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Missouri
Lawyers Weekly
Premises
Liability
Fractured
Wrist, Aggravated Arthritis, Herniated Disc
$318,250
Verdict
Type
of Action: Negligence
Type
of Injuries: Fractured wrist, aggravated lumbar
arthritis, herniated disc
Court/Case
Number/Date: St. Louis Circuit Court/ 952-01269/Dec.
18, 1997
Caption:
Williams v. Mydlo
ADR
Attempts: None
Judge,
Jury, or ADR: Jury
Special
Damages Claimed: $31,000 past medical expenses;
$42,000 past wage loss
Verdict
of Settlement: $335,000 verdict with net recovery
to plaintiff after allocation of fault of $318,250
Allocation
of Fault: 95 percent to defendant, 5 percent to
plaintiff
Last
Offer: None
Last
Demand: $130,000
Attorney
for Plaintiff: S. Lee Patton, St. Louis
Insurance
Carrier: American Family
Plaintiff’s
Experts: Dr. Edward Burns, St. Louis (internist);
Dr. George Schrodinger, St. Louis (orthopedic
surgeon)
Defendant’s
Experts: None
Facts
of the Case: The plaintiff sued for injuries she
suffered when she slipped on the steps of the
defendant’s building. The plaintiff went
to the defendant’s building to pay her auto
insurance bill. As she entered the building she
noticed ice on the step. While coming out of the
building she slipped on the ice, fell on her back,
fractured her wrist and suffered a herniated disc.
The defendant claimed that there was no ice on
the step. But the plaintiff testified that she
noticed the ice as she entered the building. The
defendant then countered that, having seen the
ice on entry, the plaintiff should have avoided
the ice as she left. The plaintiff argued that
the b0siness owner had a duty to take measures
to make the entrance to the building safe. She
also produced several witnesses who had seen ice
where she fell.
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