Lori Miller obtained a defense verdict by way of a motion for a directed verdict in the Philadelphia Court of Common Pleas. The case was presided over by Judge Albert Snite, Jr.
Plaintiff, a 13-year-old boy, claimed that while riding his scooter over a broken drainage grate, his scooter wheel got caught in the grate causing him to fall. Plaintiff alleged that the grate was broken and the hospital knew about the broken grate and failed to repair it. As a result of his fall, plaintiff broke both of his arms and was placed in casts up to his shoulders for over two months. Additionally, plaintiff’s doctors found that he suffered from bilateral carpal tunnel syndrome as a result of his fall and would need injections and surgery in the future.
Ms. Miller argued that plaintiff failed to uphold his burden in proving a duty on the part of the hospital and failed to prove there was dangerous condition on the property. Further the defense argued that since Plaintiff knew the grate was present on the property, he should have taken his own precautionary measures. After three days of trial testimony, Ms. Miller moved for a directed verdict and Judge Snite found for the defense before submitting the case to the jury.