Ashley Larson and Matt Cecil obtained a favorable verdict for their bar and restaurant client following a jury trial in Summit County. Plaintiff was visiting the bar and restaurant on a Friday night. Plaintiff alleged an unknown woman was allowed to dance on the bar and ultimately fell on Plaintiff causing her injury. Plaintiff claimed a knee injury that required surgery and sought over $600,000, arguing the injury had upended her active lifestyle and caused permanent physical impairment.
The bar and restaurant argued the unknown woman had not been allowed on the bar and was immediately told to get down when bar staff saw her on the bar. It was not the bar and restaurant that caused Plaintiff’s injuries, but instead the unknown woman, who was designated as a nonparty at fault. Ashley and Matt also showed that Plaintiff bore some fault for her injuries as she remained underneath the unknown woman dancing on the bar. While Plaintiff’s injury and medical treatment might have been related to the subject evening, Ashley and Matt pointed out that she recovered quickly, had minimal limitations, and returned to her active mountain lifestyle after a routine post-operative recovery.
The jury found the unknown woman to be 60% at fault for the incident and found plaintiff to be 25% comparatively negligent. The jury awarded Plaintiff her past medical bills and small amounts for pain and suffering but awarded no damages for impairment or disfigurement. The judgment entered against the client was less than 10% of their last and best settlement offer, and the bar and restaurant was entitled to costs.