Broken Shoulder, Elbow

$300,000 Verdict

Type of Action: Personal injury

Type of Injuries: Broken shoulder, elbow

Court/Case Number/Date: Jasper County Circuit Court/CV196-213CC/Nov. 20, 1997

Caption: Johnson v. Prime Succession of Missouri, Inc.

ADR Attempts: None

Judge, Jury, or ADR: Jury

Name of Judge: William Crawford

Special Damages Claimed: $24,500 past medical expense

Verdict or Settlement: $300,000 verdict with net recovery to plaintiff after allocation of fault of $180,000

Allocation of Fault: 60 percent to defendant, 40 percent to plaintiff

Last Offer: $45,000

Last Demand: $100,000

Attorneys for Plaintiff: Roger Johnson and Glenn Gulick, Joplin, Mo.

Insurance Carrier: CNA Insurance Co.

Plaintiff's Experts: Lorna Middendorf, Grand Rapids, Mich. (human factors); Gaylord Richardson, Lawrence, Kan. (architect)

Defendant's Expert: Dale Albert, Kansas City (building codes)

Facts of the Case: The plaintiff was a 56-year-old woman who sued for injuries she suffered when she fell at the defendant funeral home.

The plaintiff tripped over a 3-inch riser in the garage of the funeral home as she left her husband's funeral service for the limousine that was to take her to the cemetery. She broke her shoulder and her elbow.

Employees of the defendant testified that ordinarily the family members who ride in the limousine are escorted through the garage and warned of the presence of the riser.

The plaintiff claimed that the defendant provided no escort and no warning, and that the lights in the garage were off.

The defendant claimed that the plaintiff did not wait for the escort, and that she should have been able to see the riser because of natural light coming in through the windows.