High Heels

“Eggshell Plaintiff” Falls at Funeral, Jury Weights Fault Between Wobbly Handrail and High Heels

2017-L-883 (Illinois, Cook County)

A 27 year old plaintiff filed a premises liability claim against a fraternal organization arising out of injuries the plaintiff allegedly sustained after falling down stairs on the defendant's premises and suffering an ankle fracture. Plaintiff alleged that a loose handrail caused her to fall. Plaintiff underwent an initial surgery and a subsequent hardware removal surgery. She further claimed that she suffered blood clots, including a pulmonary embolism, as a result of the occurrence and was required to be on blood thinners for the rest of her life.

Jessica Biagi vigorously defended the fraternal organization over the course of a 6-day trial, where over 12 witnesses were presented including the surgeon, three hematologists, and the physical therapist. Plaintiff presented three post-occurrence witnesses who testified that the handrail moved one to three inches in each direction. Additionally, Plaintiff called an architect who opined the handrail was unsafe and violated applicable building codes as well as a hematology expert who opined that the blood clots and need for lifelong medication was related to the occurrence. Plaintiff asked for a verdict in the amount of $1,520,031.12.  However, Jessica made the case that the handrail did was not the cause of Plaintiff's fall, and within only one hour of deliberation, the jury agreed and returned a full defense verdict.