$140,000 verdict
A Franklin County jury returned a $140,000 verdict in favor of a woman injured in a fall off a restaurant exit ramp. The verdict is the highest premises liability verdict in Franklin County, according to plaintiff's inquiries with the Franklin County Circuit Clerk and Verdict Reporter, Inc.
"The three hold-out jurors told us that they wanted to award the plaintiff more money, and therefore refused to sign the verdict form," said plaintiff's attorney Stephen M. Glassman of St. Louis. "The case demonstrates that even in conservative venues, jurors expect landowners and commercial establishments to assume responsibility for patrons' safe ingress and egress."
On Dec. 31, 1996, Betty McDaniel, a 54-year-old factory worker, went to a New Year's Eve party at the Fast & Co. Restaurant and Lounge in Wright City. James Fast operated the restaurant on land owned by Earl Requat. Fast and Requat had remodeled the building about 10 months earlier, adding a walkway from the south exit door to a parking lot on the east side of the building.
After two drinks over a four-to five-hour period, McDaniel left shortly after midnight. The 36-inch door that extended over a 39-inch sidewalk slab. Adjoining the slab to the south was an unmarked ramp with a 14- to 16-inch drop-off.
When McDaniel opened the door, she stepped off the sidewalk and fell off the ramp. She suffered a fractured ankle requiring two surgeries.
Requat claimed that surveys showed his property line only extended 4 to 6 inches beyond the south door. Therefore, he argued that he was not liable for an injury occurring on Wright City's property.
Wright City argued that it only owned a right-of-way. Because Requat had always maintained the property, the city argued that it had no duty to do so.
After a three-day trial and more than four hours of deliberation, the jury returned the $140,000 verdict. The jury apportioned 40 percent fault to Requat, 28 percent fault to Fast, 20 percent fault to Wright City and 12 percent fault to McDaniel for a net verdict of $123,200.
Jayson Lenox of St. Charles, attorney for Requat and Fast, indicated that he was pleased with the net verdict because it was below the last pretrial demand of $135,000. David Feltz, St. Louis attorney for Wright City, declined to comment.
Facts of the Case
Type of Action: Premises liability
Type of Injuries: Trimalleolar ankle fracture
Court/Case Number/Date: Franklin County Circuit Court/05AB-CC00302/May 3, 2007
Caption: McDaniel v. Requat, et al.
Judge, Jury or ADR: Jury
Name of Judge: Robert Schollmayer
Verdict or Settlement: $140,000 verdict reduced to $123,200 after allocation of fault
Special Damages: $29,000 medical expenses; $7,000 lost wages
Allocation of Fault: 40 percent to Requat; 28 percent to Fast; 20 percent to Wright City; 12 percent to plaintiff
Last Offer: $3,000 from Requat and Fast; $15,000 from Wright City
Last Demand: $135,000
Attorney for Plaintiff: Stephen M. Glassman, The Glassman Law Firm, St. Louis
Attorneys for Defendants: Jayson Lenox, Niedner, Bodeux, Carmichael, Huff & Lenox, St. Charles (for Requat and Fast); David Feltz, Rynearson, Suess, Schnurbusch & Champion, St. Louis (for Wright City)
Insurance Carrier: Shelter Mutual (for Requat and Fast)
Plaintiff's Experts: Dr. Vilray Blair III, St. Louis (orthopedic surgeon); Ken Huckaby, St. Louis (building code enforcement)
Defendants' Experts: James Dwyer, Wright City (surveyor); Robert Lewis, Wright City (surveyor)
July 30, 2007
