Gary Snodgrass wins Defense Verdict for Construction Premises Claim

Jack Reynolds v. Tony Prince Company, Inc., d/b/a Tony Prince Flooring

PS Partner who tried case: Gary E. Snodgrass, Partner and Derek Ruzicka, associate

We represented: Tony Prince Company Inc., d/b/a Tony Prince Flooring

Venue: St. Louis County, Missouri

Facts:   Plaintiff claimed he suffered a knee and wrist injury while walking through a construction jobsite.  He purportedly slipped in glue, which was placed on the floor by Tony Prince Company’s floorlayer as part of the process of laying carpet tiles.  The parties disputed whether the floorlayer placed warnings in the area of the glue.  Plaintiff asserted a caution post with caution tape draped around the top was stationed against a wall.  The floorlayer testified the post and tape were in clear view of workers who might attempt to enter the “glued” area and that he was instructed not to string the caution tape from the post to the wall by the job superintendent, an employee of the general contractor.  There were no other available caution posts.  The parties also disputed whether the plaintiff’s claimed knee injury was pre-existing.  Plaintiff asserted he suffered a fractured cartilage as part of the fall.

The defendant presented evidence that the plaintiff sought treatment on the same knee a mere three months before the incident.  As part of that prior treatment, an MRI was performed.  The defendant’s radiologist reviewed the MRI films from before the incident and compared them to the post-incident MRI films.  The testified that the “problem” area that was present after the fall was also indicated on the films taken before the fall, although not to the extent that was present after the fall.

Last Demand: $600,000

Last Offer: $300,000

Verdict:  Defendant’s Verdict

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

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