August 2016 

Nevada: Tyler and Fox Secure Defense Verdict for Hospital Client Against Claim of Unmarked Floor Hazard

In August 2016, HPS attorneys Casey Tyler and James Fox secured a defense verdict on behalf of their client, a Nevada hospital, following a four-day trial. The plaintiff, who was seeking close to $240k in damages, alleged that the hospital had failed to warn her of the presence of wet floor wax on a part of the hallway in the Obstetrics Department. She contended that the lack of any warnings or barriers in place caused her to fall, injuring her knee, wrist, and shoulder. She claimed that a rotator cuff tear and subsequent repair surgery were a result of the fall.

Our team presented evidence that the hospital had indeed warned the Plaintiff of the potentially dangerous condition. We offered photograph evidence of the warning devices in place, as well as testimony of numerous hospital employees authenticating the photograph, and indicating that the custom and practice of the custodial employee who was working on the floor included appropriate warning.

The jury deliberated for approximately 30 minutes before entering a verdict in favor of the defense.