Facts

Toni Chase, a 71 year old retiree, was exiting an AMC movie theater when she slipped and fell in the courtyard. The courtyard was wet due to rainfall. She sued AMC and the mall, but only continued her lawsuit against AMC.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the courtyard's concrete was dangerous when it became slick and slippery due to the rain. Plaintiff further contended that the areas had remained unchanged for the past 26 years, that is, since it was built in 1995, even though other falls had occurred in the same location. Specifically, plaintiff's expert argued that the type of concrete AMC used was inappropriate for outdoor surfaces, having remained unchanged. Whereas the rest of the mall had made updates to install flooring with better friction, AMC still had the old, smooth and consequently dangerous concrete surface. The expert further noted that AMC, could have chosen, if it did not want to replace the flooring, to have applied an abrasive epoxy coating at a reasonable cost of 50 cents per square foot. This coating would have provided enough friction to ensure a less slippery surface. The total cost would have been about three to four thousand dollars. Finally, plaintiff's expert noted that hazard cones, while providing for a temporary solution, would not fix the problem on a more permanent basis. Plaintiff further alleged that her right leg is shorter than her left after surgery and she now walks with a permanent limp. She can no longer engage in activities previously common, such as taking care of her grandchildren.

DEFENDANT'S CONTENTIONS: Defendant countered that they had placed "slippery when wet" cones to warn patrons walking through the area and this has been what they have done in the past 26 years. During this time, there was only a slight history of falls in this area when it rained. Given the number of patrons that walk through that area (four million), only three incidents of falls during rainy weather occurred in this area. Finally, with defendant's warning, and due to the weather condition, patrons should know to be more cautious when walking in rain.

Specials in Evidence

Plaintiff's orthopedic surgeon stated that plaintiff could benefit from a future hip replacement surgery and that could help with her chronic pain. This future surgery could also correct her limp. Defendant's expert noted that while the treatment and surgery were reasonable, it was obvious that plaintiff did not need the future surgery.

Damages

Plaintiff's counsel waived Chase's past medical costs but did ask the jury to award $250,000 for plaintiff's future hip surgery. Plaintiff also sought $750,000 for past pain and suffering and $800,000 for future pain and suffering. In total, plaintiff sought $1.8 million in total damages.

Injuries

Plaintiff fractured her femur and was taken to the hospital to repair it. She was bedridden for a week and used a wheelchair, walker and then cane thereafter. She had to go through two months of treatment at a rehab facility to get to the point of using a cane.

Result

The jury found AMC not negligent.

Deliberation

Two and a half days

Poll

10-2

Length

Four days