Acker & Whipple successfully obtained a defense verdict on behalf of our client, a resort and time share in San Luis Obispo County. Plaintiff claimed she sustained a lumbar compression fracture when she slipped and fell on a wet patio deck at the resort. She alleged she needed extensive medical care and nine months off work from her job as a workers’ compensation claims supervisor for the Los Angeles Department of Water & Power. We presented evidence that it was raining and plaintiff was participating in a Super Bowl party, carrying two bloody Marys at the time of the incident. The patio tiles were rated for outdoor use, were not slippery, and plaintiff’s own negligence caused her to fall. Plaintiff had also filed multiple claims alleging various workplace injuries, she was actively treating with an orthopedic surgeon at the time of this incident, and she was not further or permanently injured as a result of this fall. After thirty minutes of deliberation, the jury agreed with the defense, and returned an unanimous verdict in favor of our client. We also obtained an award for costs and expert fees for our client. Plaintiff appealed the verdict, and Acker & Whipple successfully responded. The 2nd District of the California Court of Appeals affirmed the defense verdict in full and awarded recovery of respondent’s costs.
