Case Preview
Evelyn*, an 87-year-old resident of a retirement community, suffered serious injuries after slipping and falling on water caused by a backed-up drain in her laundry room. Despite the defense arguing that her age and subsequent health issues limited the value of her claim, Jacoby & Meyers successfully took the case to trial and obtained a $7,000,000 jury verdict on her behalf.
Background of the Case
At 87 years old, Evelyn was living independently in her retirement community. One day, she entered her laundry room without realizing that a drain had backed up and left water on the floor. She slipped and fell, sustaining a severe leg fracture that required immediate medical treatment.
From the outset, the case presented several challenges. The defense argued that the property owners were not responsible because they had no notice of a dangerous condition. According to their position, maintenance staff responded each time a drain backup was reported by snaking the line, which they claimed was a reasonable response.
Complicating matters further, the building where the incident occurred was demolished before the legal team had an opportunity to inspect the plumbing infrastructure. As a result, there was limited physical evidence available regarding the property’s condition at the time of the incident.
Impact on the Client
Evelyn’s injuries required multiple surgeries and extensive rehabilitation. Following treatment, she made significant progress in her recovery. However, just a few months later, she experienced a second fall. The injuries and physical limitations that followed ultimately left her wheelchair-dependent.
The loss of mobility significantly affected Evelyn’s independence and quality of life. Before the fall, Evelyn lived independently and managed her daily routines without assistance, including cooking and doing her own laundry. After her injuries, she became reliant on others for many basic tasks and could no longer maintain the level of independence she had enjoyed for years.
By the time the case went to trial, Evelyn was 90 years old. The defense argued that her future damages should be limited because of her age and life expectancy. They also contended that the second fall was unrelated to the laundry room incident and relied on those arguments to support a minimal settlement offer.
How Jacoby & Meyers Helped
Led by Attorney Shane Hapuarachy, the trial team at Jacoby & Meyers challenged the defense’s position on both liability and damages.
To address the lack of physical evidence, the attorney presented evidence that repeated drain backups pointed to a larger plumbing issue that had not been permanently resolved. The pattern of recurring backups suggested that property management knew or should have known that a more serious problem existed and failed to take reasonable steps to investigate and correct it.
The legal team also presented evidence linking Evelyn’s second fall to the injuries she suffered in the original incident. By demonstrating how the first injury contributed to her physical vulnerability, they established a connection between the two events and the long-term impact on her mobility.
Ultimately, the jury found in Evelyn’s favor and awarded $7,000,000 in damages. The verdict reflected the significant effect the injuries had on her mobility, independence, and quality of life.
*Disclaimer: This case study is based on real events, but the names and details have been changed to protect the identities of those involved. The information contained in this case study should not be relied upon as legal advice and should not be construed as creating an attorney-client relationship. Any case studies presented on our website are for illustrative purposes only and are meant to demonstrate the breadth and depth of our litigation team’s experience. These examples are not a guarantee of future results. Every case is different and may have a different outcome. Please consult an attorney regarding your specific situation.
