Verdict: Not Guilty
Date: July 2010
County: DuPage County
Plaintiff’s Medical: James Elipas, D.P.M. (Podiatrist)
Plaintiff’s Experts: Gary Zwayer (Architect)
Summary: Plaintiff went to Defendant’s winery to attend a tasting and to pick up some wine. When she was leaving she fell down some exterior stairs and sustained a cuboid fracture in her right foot, longitudinal splitting rupture of the right peroneous brevis tendon requiring surgery, and sprain and partial rupture of the anterior talofibular ligament in her right ankle requiring surgical repair. Plaintiff contended that Defendant’s stairs violated three building codes and that was the reason for her fall. Defense contended that Plaintiff was putting on her sunglasses and carrying her purchases while walking down the stairs and that this was the reason for her fall. Defense also asserted that the Plaintiff used the stairs once a month for a year prior to the fall with no problem.
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Category: Ankle Injuries, Case Results Blog, Foot Injuries, Fractures, Tears, and Dislocations, Premises Liability