Walton + Brown LLP Wins Pivotal Appeals Court Case
On July 3, 2013, Dianna Watson visited the home of Elester Bradley. As Mrs. Watson walked into the entryway from the garage, she attempted to steady herself with her left hand against what she believed to be a wall in the darkened hallway. She was carrying her small grandchild in her right arm. There was no wall there, and as she reached out she fell headfirst down a flight of stairs leading into the basement. She suffered a traumatic injury from the fall, resulting in quadriplegia. Because of the dark garage and entryway into the home, as well as the sudden nature of the opening, Mrs. Watson did not have an opportunity to look for any safety hazards. Mrs. Watson had no reason to believe that there was an opening that led down a flight of steps. Defendant Bradley provided no warning of this potential hazard.
Mrs. Watson, through the law firm of Walton + Brown LLP, filed suit against Mr. Bradley, claiming that he had a duty to warn Mrs. Watson about the open basement and failed to do so. Bradley asked the lower court to dismiss the case, asserting that the hazardous condition was open and obvious and therefore they had no responsibility for Mrs. Watson’s injuries. On February 29, 2016, the lower trial court issued its opinion granting Bradley's motion and dismissing the case. On March 25, 2016, Mrs. Watson timely filed their Notice of Appeal in the 11th District Court of Appeals, seeking to have the decision of the trial court reversed and the case remanded for further proceedings. After months of research, detailed brief writing, and oral arguments before the Court, Mrs. Watson walked away with a victory.
In overturning the lower court’s opinion, the 11th District Court of Appeals held that: "The conflicting evidence as to the visibility of the stairwell at the time of the fall allows reasonable mind to reach different conclusions as to whether the open staircase was an open and obvious condition. Accordingly, the first assigned error has merit, and summary judgment was not warranted on this basis."
A copy of the Court’s ruling can be found here.
Attorney Chanda L. Brown argued the case successfully before the 11th District Court of Appeals. She notes, “this was always a difficult case, and it would have been very easy to give up after the initial ruling from the trial court. Lots of issues were considered in deciding to appeal, most of all the severity of Mrs. Watson’s injuries and our strong desire to seek justice for her. In the end, our persistence paid off and Mrs. Watson will finally be able to have her day in court.”
The favorable result in this case demonstrates the strength of Walton + Brown LLP’s Premises Liability and Personal Injury Practice Groups. Our firm has significant experience representing injured victims in a broad range of litigation matters.
About Walton + Brown LLP.
Walton + Brown, LLP takes pride in having a successful civil rights and personal injury practice, unafraid to step into a courtroom and litigate cases to the fullest extent necessary. With over 440 lawsuits filed and over $14 million in settlements or verdicts won for our clients, Sean and Chanda bring a record of success. Sean and Chanda have been awarded Top 100 and Top 40 Under 40 designations as trial attorneys. They practice in many areas of civil rights and serious personal injury litigation, including auto, trucking, bus and motorcycle accidents, wrongful death, medical malpractice, products liability, premises liability and other instances where someone has been injured due to the actions or negligence of another.
CONTACT
Walton + Brown, LLP.
395 E. Broad Street, Suite 200
Columbus, OH 43215
614-636-3476 (Office)
614-636-3453 (Fax)
media@waltonbrownlaw.com