Plaintiff alleged she slipped and fell on ice while walking into her place of employment in the early morning hours, while still dark outside; she sued the owner of the building, Mark’s client, alleging failure to properly illuminate the parking area and remove ice from the surface which alleged negligence resulted in injuries to her neck and back. Mark’s client ultimately passed away after discovery was initiated, but before his deposition could be secured, leaving Mark without a witness to testify at trial regarding the care, custody and control of the property. Several offers to settle were rejected by plaintiff.
Plaintiff’s treating physician, a well respected neck and back surgeon, testified that the fall resulted in a disc herniation necessitating multiple injections to Plaintiff’s neck.
In returning a verdict in favor of Mark’s client, the Montrose, Pennsylvania (Susquehanna County) jury determined, after only 55 minutes of deliberation, that there was no negligence on the part of our the building owner, determining that it was not reasonable for his client to have been aware of this isolated, small accumulation of ice and that the decision to not have the outdoor lights on at the time fell to the tenant of the building, Plaintiff’s employer, and not the owner.