Lead trial counsel for defendant-Hospital in medical malpractice and premises liability action brought by an elderly aquatic therapy patient who slipped in water and fell on the deck of the therapy pool and fractured her hip. The patient alleged that water on the pool deck was an unreasonably dangerous condition and that the Hospital negligently failed to warn her about the fall hazard, failed to have devices like handrails and non-skid strips on the pool deck, and failed to adequately assist her. The Hospital argued that the patient had incurred the risk of injury when she declined assistance from the Hospital, that she was aware of the hazard and failed to exercise reasonable care for her own safety, that she had no pre-existing physical deficit or limitation that predisposed her to fall, that appropriate warnings were posted about the wet pool deck, and that the pool deck was reasonably safe for its intended use. After four days of testimony, the jury returned a verdict for plaintiff in the amount of $70,000 but attributed 50% contributory fault to plaintiff for a net verdict of $35,000.
Verdict for plaintiff in the amount of $70,000 but attributed 50% contributory fault to plaintiff for a net verdict of $35,000