Gordon Rees Scully Mansukhani Pittsburgh Partner Susan Engle and Associate Kerven Moon successfully defended a global shipping and transportation company in a bench trial in Philadelphia, Pennsylvania.
The plaintiff alleged that he slipped and fell due to a liquid substance that leaked from a box inside his delivery truck. As a result of his fall, he alleged that he suffered a torn meniscus in his right knee that required surgical intervention. At trial, the plaintiff failed to present evidence of when and how the condition was created. Furthermore, the plaintiff was unable to identify who created the hazardous condition.
The defense team successfully precluded the testimony of the plaintiff’s liability expert, who was offered as a construction safety and hazard prevention expert, arguing that his testimony would be based on pure speculation and that he lacked the qualifications to testify in a slip and fall case. The plaintiff was not able to state how the box got on the truck or the condition of the box prior to his fall. The plaintiff also called a station manager, a medical expert, a life care planner, and an economic expert in his case in chief.
After the plaintiff rested, the defense made a motion for a directed verdict, arguing that the plaintiff failed to carry his burden of proof. The defense counsel argued that the global shipping and transportation company lacked notice of any alleged dangerous condition and that the plaintiff failed to present evidence that the company created the hazardous condition. The judge agreed with the defense, stating that the mere happening of an accident does not constitute negligence. As the plaintiff did not offer any evidence to establish a breach of duty, the court granted the defendant’s directed verdict.
This outcome underscores the strength of GRSM’s Trial practice in guiding large corporations through complex legal challenges and high-stakes trials nationwide.