Dean Nichols Obtains Favorable Verdict in Amount of Pre-Trial Offer for Premises Liability Claim

PS Partner: Dean Nichols

We represented: Chesterfield Mall, LLC, ERMC II LLC, and ERMC III Property Management Co.

 Venue: St. Louis County, MO

Facts:

On April 1, 2010, plaintiff was working as a UPS delivery driver delivering packages to customers in the Chesterfield Mall.  As he traversed back to his truck, plaintiff stepped on a rusty grate, which failed.  The grate was owned and maintained by the defendants.

Plaintiff’s right leg fell through the grate, thereby allegedly injuring his leg and back.  As a result of this fall, plaintiff alleged he suffered an L4-5 protrusion with annular tear and herniation at the L5-S1 level, requiring a future reconstruction surgery at two levels.  In addition to pain and suffering, plaintiff claimed past medical specials of $19,428.51, past lost wages of $29,582.90, and future surgery in the amount of $150,000, for total specials of $199,011.41.  Plaintiff’s counsel requested approximately $700,000 in her closing argument.

The jury returned a verdict in the amount of $60,000, which was exactly what the defense offered pre-trial.

Verdict:  $60,000 pre-trial defense offer

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