GMR Partner Robert Stein successfully defended a homeowner on a lawsuit brought by a United States Postal Worker who alleged she slipped and fell on ice while delivering a package, resulting in a surgical procedure for torn ligaments and placement of fixation hardware in the ankle. Plaintiff alleged a dangerous accumulation of ice, of which she claimed Stein’s client had knowledge and failed to remediate. The Plaintiff presented a liability engineering expert, a climatological expert, and two medical experts.
Robert did not dispute the nature and extent of the injury. Instead, he focused on liability and Plaintiff’s comparative negligence for failure to look where she was walking and disregarding US Postal Service safety protocols. He also effectively cross-examined both liability experts regarding the open and obvious nature of ground conditions at the time of the incident.
Robert tried the case over three days before Judge Wendy Reek and a jury of seven citizens. The jury returned a verdict of “no cause” on the question of liability.