Facts

On June 12, 2005, at approximately 9 p.m., Richard Nolan, a 64-year-old orthopedic surgeon, was visiting his son at the Lafayette apartment building when he tripped and fell down a common-area staircase. He fell down 14 steps. Nolan sued the owner of the building Lafayette Oaks Associates L.P., the management company Kirby Sack Properties Inc., and the contractor Parallax Design and Construction Inc., for negligence and premises liability.

PLAINTIFF'S CONTENTIONS:
Nolan argued that, due to construction and maintenance work, the staircase was covered in sand, gravel, and other debris and was therefore uneven. He also argued that the lights were out, adding to the dangerous condition. Nolan's son testified stating that the lights had been out for a couple of weeks.

DEFENDANTS' CONTENTIONS:
The defendants noted that Nolan had used the same staircase three hours earlier with no problem. They argued that the debris could not have built up to a dangerous condition in the three hours in between and on a weekend day. They further argued that they had neither actual nor constructive notice of the lights being out. They offered the testimony of the onsite manager who stated that the premises were regularly inspected.

Settlement Discussions

Nolan demanded $350,000; Lafayette Oaks and Kirby Sack Properties offered $100,000, and Parallax offered $70,000.

Specials in Evidence

$9,500; $1,264,000; $1.2 million to $2 million. $71,000;

Damages

Nolan sought an unspecified amount for pain and suffering.

Injuries

Nolan claimed chronic back pain and a posterior root injury to his left medial meniscus in his left knee. He claimed that the injuries resulted in degenerative joint disease requiring arthroscopic surgery. He claimed he needed a full left knee replacement, facet injections, and possibly lower back surgery. He claimed that, as a result, he could no longer perform the long and lucrative orthopedic surgeries he had before the accident because he could not stand for such long periods of time. The defendants argued that Nolan sought little follow-up treatment in the three and a half years following accident, and that Nolan's failure to seek more treatment proved that his knee problems were greatly exaggerated. They also argued that his knee pain was from pre-existing, degenerative problems or a prior injury. They further argued that his back pain was the result of previous degenerative problems and a lack of conditioning.

Result

Prior to trial, the court granted Parallax's motion for nonsuit. The jury then found that the remaining defendants were not negligent returning a verdict in favor of Lafayette Oaks and Kirby Sack Properties.

Deliberation

20 minutes

Poll

11-1

Length

two weeks