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Kotsalieff Secures Defense Verdict in Movie Theater Fall

August 15, 2023

Johnson & Bell Shareholder, Angela M. Kotsalieff, secured a defense verdict in favor of her client, a movie theater, in a premises liability dispute.  In this case, plaintiff claimed that certain defects in one of the stairs in the movie theater caused her to trip up the stairway and fracture her nose on a metal railing.  The claimed defects included a missing piece on the corner of the stair and some loose stripping that ran along the front length of the step.  Plaintiff believed that both of those defects were evidenced in a photograph that was taken following the occurrence.  Kotsalieff argued that there was no evidence of any loose stripping on the stair.  She also argued that the missing piece on the corner of the stair did not constitute an unreasonable risk of harm to customers and that it was unlikely that the plaintiff would have stepped on where the missing piece was located.

At closing, plaintiff asked for $60,000 for medical care, pain and suffering, and loss of normal life.  After less than 30 minutes, the jury returned with a verdict for the defense. 

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