Defendant Verdict for Missouri Botanical Garden for Premises Liability Claim

Kristie Holden V. Missouri Botanical Garden Michael Pitzer

Partner who tried case: Michael J. Pitzer

We represented: Missouri Botanical Garden

Venue: Circuit Court of the City of St. Louis

Facts: On June 6, 2006, plaintiff Kristie Holden was visiting the Missouri Botanical Garden when she missed a step while walking down the pathway. She took an air-step and fell, spraining her right ankle and fracturing her left ankle. Treatment included a metal plate and screws to retain the fragments. Her medical bills totaled $62,000. Plaintiff claimed that the single riser step in a path in the Japanese Garden was defective because it did not have visual cues which would cause plaintiff to see it. The defense was based upon the fact that the plaintiff failed to keep a careful lookout for a step that was obvious if she looked. Plaintiff’s last demand was $100,000. There was no offer. The jury returned a verdict in favor of the Missouri Botanical Garden.

Past results afford no guarantee of future results.  Every case is different and must be judged on its own merits.

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