Facts

Dianne Criswell was working for Casa De Las Campanas retirement community when she tripped and fell on Aug. 23, 2006, as she was walking in a hallway at work. Employees of Bingham Heating & Air were in the process of replacing ceiling-mounted air conditioning units on the floor below her. The original units were installed by a subcontractor employed by LawCo., a general contractor.

Criswell received workers' compensation for the injuries she suffered as a result of the fall.

Criswell and Casa De Las Campanas sued Bingham and LawCo. alleging negligence.

PLAINTIFFS' CONTENTIONS:
Criswell claimed she tripped over a hanging rod that was being screwed through the ceiling below her by a Bingham employee. Plaintiffs' counsel claimed Bingham failed to exercise proper care and that LawCo.'s original installation was defective.

DEFENDANTS' CONTENTIONS:
Defendant Bingham contended that the rod penetrated the floor due to LawCo.'s negligence in failing to install the original support rod properly. LawCo. contended that the original support rod were properly installed, and that any liability rested on Bingham. Defendants further argued that Criswell was liable for failing to keep a proper lookout while walking.

Damages

Plaintiffs sought $78,000 for past medical expenses; $185,000 for past and future lost income; and $272,000 for past and future pain and suffering.

Injuries

The fall aggravated Criswell's preexisting degenerative cervical condition resulting in fusion surgery in February 2008. Medical expenses were covered by workers' compensation, but she was subsequently terminated from her position following the fall. She has been unable to find new work.

Result

The jury found Bingham 100 percent liable, but attributed 10 percent reduction in damages to Criswell for failing to properly mitigate her injuries. LawCo. was not found negligent. The jury awarded $258,148.83 in damages to Criswell and $100,000 for Casa De Las Campanas for its workers' compensation payment. Casa, Criswell & LawCo.'s interest and costs requests are pending.

Deliberation

1.5 days

Length

seven days