Halloran & Sage obtained a defendant’s verdict in a matter in which an inn was accused of allowing a dangerous condition to exist in its parking lot causing a guest to injure his ankle. The plaintiff alleged that he fractured his right ankle when stepping or falling off a retention wall in the parking lot of the inn. Evidence presented included information regarding the lighting of the parking lot, shrubbery lining the wall, safe alternative means of travel, intoxication by the plaintiff, photos and statements. The jury concluded that plaintiff did not meet his burden of proof that the inn’s parking lot retention wall constituted a dangerous and defective condition and found that reasonable care and common sense were not exhibited by the plaintiff. A defendant’s verdict was obtained.
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