After a four-day jury trial, Stephen A. Tyler obtained a defense verdict for an Indiana hospital in a medical malpractice and premises liability case. The Plaintiff requested an award of $1 million. In this case, the Plaintiff fell and broke her hip at the hospital’s outpatient rehabilitation clinic, where she was rehabbing after cancer surgery. The surgery had resulted in the removal of part of her pelvis and sciatic nerve and had left her with a drop-foot. Plaintiff claimed that she tripped on a weather rug placed on the walking track at the facility when she was walking laps alone before the start of her therapy appointment. Plaintiff claimed that she had been improperly instructed by her therapists to walk laps alone before therapy, and that the therapy environment was unreasonably dangerous because the rug was on the track. Tyler successfully argued that the hospital’s therapists never instructed the Plaintiff to walk laps alone and, in fact, she was told to wait for her therapist before walking laps. Moreover, he argued that the rug did not render the premises unreasonably dangerous under the circumstances, and that the Plaintiff actually fell because her leg gave out from fatigue and she did not trip on the rug. The jury agreed with Tyler and rendered a complete defense verdict.
Related Items of Interest