Ohio Appellate Court Throws Away Jury Verdict

Plaintiff Awarded $1.3 Million After Slip-and-Fall Injury at Mr. Hero

In a shocking decision, an Ohio Appellate Court recently ruled that a $1,300,000 jury verdict in favor of the plaintiff in a slip-and-fall case against a local Mr. Hero restaurant was based only on “speculation.” Therefore, the Court threw out the verdict and granted judgment in favor of the restaurant.

The plaintiff walked into a Mr. Hero restaurant and ordered food. When her number was called, while she was walking up to the register, she slipped and fell and shattered her kneecap. Although she never saw the substance on the floor that caused her to slip, she knew it was some type of liquid because as she was sitting on the floor agonizing in pain, she could feel her pants were wet.

Restaurant Failed to Follow Its Own Safety Policies

Throughout the litigation, Mr. Hero denied that there was any liquid on the floor. However, the evidence presented at trial showed that Mr. Hero’s employees were required to follow the franchise’s written rules and guidelines, which included a duty to monitor the floor and keep it clean and dry. The evidence also showed that the employees violated their own rules about monitoring and cleaning. Ultimately, the jury had to decide whether the plaintiff slipped on a liquid that the employees should have seen and cleaned up if they had followed their own rules.

Jury Sides with Injured Customer After Reviewing the Evidence

The jury considered all the evidence and found that, yes, the plaintiff slipped on a liquid that the employees had a duty to notice and clean up. Accordingly, the jury returned a verdict in favor of the plaintiff and awarded $1,300,000 for her medical bills, pain and suffering, and permanent injury.

Appellate Court Overturns Verdict, Calling It “Speculation”

Mr. Hero appealed, arguing that the trial court should have dismissed the case as a matter of law before it got to the jury because the plaintiff was not able to prove what the liquid was or how it got on the floor – even though Mr. Hero obstructed the plaintiff from discovering this information throughout the case. The appellate court ultimately sided with Mr. Hero and against the plaintiff, finding that the jury’s decision was based only on “speculation” and was therefore improper.

A Pattern of Favoring Corporations Over Citizens?

Sadly, this is yet another decision from an Ohio appellate court that goes out of its way to conclude in favor of the business community and against hard-working citizens of this state, even after a jury heard all the evidence and decided the case in favor of the plaintiff.

What This Decision Means for Injury Victims

This case exemplifies how challenging it is for injury victims to get justice in our court system. Corporations can deny, delay, and defend cases—using whatever tactics they deem fit—and even if the jury doesn’t side with them, there’s still a good chance that the courts will swoop in and save them, no matter how bad their conduct was or how much injury they may have caused.

The Risks of Taking an Injury Case to Trial

This decision also underscores the risks of going to trial in any injury case. The odds are stacked against the injured victims from the start, and only when the sun, the moon, and the stars all align does a plaintiff even have a chance at victory. Unfortunately, even after a win in the trial court, the verdict still can be thrown out by an appellate court. This doesn’t mean victims should always be looking to settle their cases. To the contrary, many cases must be tried to get full justice. However, no one should head to trial without understanding the associated risks. Unfortunately, those risks sometimes include bad appellate court decisions.

Trust Experienced Legal Guidance Before You Go to Court

At the Eisen Law Firm, we have been handling injury cases since 1976. Only through decades of experience have we learned how to properly advise clients of the risks of going to trial vs. settling a medical malpractice case. If you or someone you know might have an injury case, please contact us as soon as possible so we can determine whether you have a valid claim that isn’t too late to file. You can reach us at 216-687-0900 or www.malpracticeohio.com for your free case evaluation.