02.24.09
$24M Verdict
Drunkards rejoice!
$24,162,000 VERDICT – Inebriated plaintiff tenant trips on door saddle of his apartment building as he is exiting – Plaintiff loses his balance and falls nine feet over two foot wall to his right – Displaced cervical fractures – Paraplegia – Double incontinence
In this action, the then 33-year-old plaintiff contended that the defendant, his landlord, negligently failed to repair an elevated door saddle despite both constructive and actual notice received from a different tenant some three months earlier who complained about the saddle and malfunctioning locks. The plaintiff contended that as a result, he tripped as he was exiting and fell to his right over a two foot high wall, landing nine feet below. The plaintiff suffered displaced cervical fractures that left him a paraplegic with double incontinence. The defendant denied receiving any notice about the alleged defect. The defendant also contended that any defect was minimal in nature and that the sole cause of the incident was the negligence of the plaintiff, who had a BAC of almost .30 at the time of the late Sunday morning incident. This was more than three in a-half times the legal definition for driving while intoxicated.
