At a contentious premises liability trial, plaintiff claimed to have fallen down an interior staircase at a doctor’s office. Plaintiff asserted that the staircase had insufficient lighting, an insufficient and dangerous handrail, an insufficient and dangerous landing, and slippery stair treads. In an effort to support her claim, plaintiff produced the live testimony of a structural engineer. However, during Eamon Merrigan’s cross-examination, the engineer conceded that the staircase at issue met or exceeded all applicable codes, had a more than adequate handrail, had more than adequate lighting, and had been sufficiently painted with non-slip paint at some point prior to the plaintiff’s fall.
As a result, a 12 member jury found in favor of Mr. Merrigan’s clients on the issue of negligence. As a consequence, the plaintiff, who had fractured her wrist requiring surgery; tore a ligament in her ankle requiring surgery; and was left with limited range of motion in both areas, as well as scarring on her wrist, legs, ankle, and face, did not recover any damages.