On May 9, 2012, Quinlivan & Hughes attorney Mike LaFountaine obtained a defense verdict for his clients in a case involving a fall from a terrace. The case was venue in Alexandria, Douglas County, before Judge Ann Carrott.
The accident that was the subject of the lawsuit happened on July 25, 2009, when the 33-year-old male Plaintiff fell while on the Defendants’ property. The accident happened as Plaintiff was playing with children during a family reunion. As Plaintiff ran from children with squirt guns, he ran through a planting area with shrubs that, according to Plaintiff, obscured a terrace wall and a drop off of approximately ten feet. Plaintiff landed on a concrete patio at the base of the terrace. Plaintiff claimed the terrace wall was unguarded and contained no warnings. Plaintiff also claimed he did not see the terrace wall before running through the shrubs. Violations of various building codes were alleged.
Plaintiff suffered injuries to his feet, including heel fractures and ankle injuries requiring the placement of metal hardware.
The jury concluded that Plaintiff was 55% at fault and that Defendants were 45% at fault. Because Plaintiff’s fault was greater than that of Defendants, Plaintiff recovered nothing.
Plaintiff’s liability expert was Robert Euteneuer. Defendants’ liability expert was Charles Lane.
After the verdict the case was voluntarily dismissed by Plaintiff without any appeal in exchange for the Defense’s agreement to waive its costs and disbursements.