GMR Partner Joseph Petka won a Philadelphia jury trial defending a hospital against a negligence lawsuit following a slip and fall. The case involved a 56-year-old female who was visiting her terminally ill mother at the hospital. As soon as the Plaintiff stepped off the elevator, she slipped on clear liquid and fell to the ground. The Plaintiff sustained a rotator cuff tear of the left shoulder. This injury required arthroscopic surgery and post-surgery physical therapy.
The Plaintiff testified that the puddle of water was large and coming from a bottle on the other side of the lobby. Given the size of the puddle, the Plaintiff argued that the defendant was negligent for failing to identify and clean it.
However, Joe was able to convince the jury that the hospital was not negligent. He argued that there was no evidence that the water had remained on the floor for an unreasonable amount of time. Specifically, the Plaintiff admitted that the water was completely clear and there was no dirt or debris visible in it. She was unable to say how the water got there or how long it had been on the floor. Joe also produced an environmental services manager, who testified that this area is regularly monitored by an employee assigned to the floor.
Ultimately, the jury of nine women and three men agreed with Joe and entered a defense verdict in favor of the hospital.
