Attorney Joe Petka successfully defended a local hospital in a premises liability case involving a trip-and-fall accident.
The case concerned a 73-year-old woman who alleged that she tripped and fell on a sidewalk crack in front of the hospital. As a result of the fall, she sustained a left proximal humerus fracture that was impacted and displaced, requiring surgery. The plaintiff then underwent two years of physical therapy. Despite the extensive treatment, she claimed her shoulder remained impaired, lacking normal range of motion and strength.
At trial, plaintiff’s counsel focused heavily on two points: 1)The hospital should not have had any cracks in the sidewalk at its entrance. 2) The hospital failed to preserve video of the incident, which counsel argued should be considered as an adverse inference against the hospital.
On behalf of the hospital, Mr. Petka argued that the crack was trivial and too small to establish liability, noting that such minor irregularities are common on sidewalks throughout Philadelphia. He also emphasized that the failure to preserve surveillance footage was not the hospital’s fault. Plaintiff’s counsel had sent a preservation letter only on the final day before the footage would have been overwritten and failed to identify the exact location of the fall, making preservation nearly impossible.
After hearing the evidence, the jury returned a defense verdict, finding that the hospital was not negligent. The verdict fully vindicated the hospital and confirmed that the condition of the sidewalk did not give rise to liability.
