Patrick Gibbs & John Paulson obtained a defense verdict on a slip and fall case in Federal Court

The 57 year old plaintiff alleged headaches, neck and back pain as a result of allegedly tripping or slipping and falling over boxes in a store. Plaintiff had multiple preexisting conditions such as fibromyalgia, migraines, back and neck pain due to degenerative disc disease.  She was an eggshell and also had two prior cervical fusion surgeries at C5-6 and C6-7. As a result of this incident, she underwent an anterior cervical decompression fusion surgery. She further alleged to have continued back and neck complaints despite undergoing a cervical fusion and plaintiff’s expert testified she needed future surgeries including a C3-4 and C7-T1 cervical disc fusions and laminectomy at L4-5.

Past meds were 400,000 and future meds 688,000. Defense argued that plaintiff was not paying attention and that plaintiff’s claims were not related to the subject accident due to her prior history of neck pain and surgeries.  Plaintiff would have needed these surgeries regardless of the incident.

The jury deliberated for one hour only and found no causation.