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Verdicts
  • Defense Verdict - Premises Liability
  • Defense Verdict - Products
  • Defense Verdict - Medical
  • Defense Verdict - Products
  • Defense Verdict - Products
  • Defense Verdict - Medical
  • Defense Verdict - Medical
  • Defense Verdict - Premises
  • Defense Verdict - Medical
  • Defense Verdict - Products
  • Defense Verdict - Products

Defense Verdict – Premises Liability
HERBERT v. DIAMOND "S" AUCTION & REAL ESTATE CO.

 
Attorneys for Defendant: Jake Reinbold and Jeff Coffey
Type of Action: Negligence — Premises Liability
Type of Injuries: Broken ankle with multiple fractures
Court: Circuit Court of Greene County, Missouri
Jury Verdict Date: June 27, 2018
Jury Demand: $429,0000
Verdict: Defendant's Verdict (0% fault to all parties)
Facts and Issues: Plaintiff claimed that, while attending an estate sale at a residential property, she fell and suffered injuries due to a dangerous condition on the property. The alleged dangerous condition was the open end of a drainpipe and its adjoining depression in the concrete on the edge of the home's driveway. Plaintiff's injuries included a broken ankle with multiple fractures requiring two surgeries for repair and totaling near $50,000.00 in expenses, along with the probable need for a future ankle fusion or replacement. As a result of her injuries, Plaintiff brought suit against the homeowner and auction company.

Representing the Defendant auction company, Turner Reid attorneys Reinbold and Coffey disputed liability, arguing that plaintiff could not identify the injury-causing mechanism, and that the auction company did not possess and control the premises at the time of Plaintiff's fall. Further, both Defendants argued that this was simply an accident and that none of the parties were at fault. In closing arguments, Plaintiff asked the jury for $429,000.00. After deliberating for two hours, the jury returned a verdict that assessed 0% fault to all parties.