Jonathan Kelly obtained a defendant’s verdict in a case where the plaintiff alleged to have tripped and fallen on a sidewalk in front of a store owned and operated by a well-known national furniture store chain. The plaintiff alleged, inter alia, that the out-of-possession landlord defendant was negligent in that it failed to properly maintain the sidewalk in front of the subject premises. Plaintiff sustained significant injuries that resulted in two surgeries, as well as recommendations for two additional surgeries.
Successful Motions in Limine precluded the plaintiff from presenting argument or evidence in support of a theory that the defendant was an alter ego of the closely related furniture store tenant. Plaintiff’s safety expert was also precluded from testifying. The jury concluded that the plaintiff failed to meet her burden of proof that the defendant was in possession and control of the sidewalk at the time of plaintiff’s fall. Plaintiff’s settlement demand at trial was $600,000.