Matt Piekarski and Bobby Whitmer obtained a zero-liability defense verdict on behalf of a restaurant in a premises liability case in the United States District Court for the Eastern District of Kentucky at Lexington. The Plaintiff, a recently retired kindergarten teacher and customer of the restaurant, slipped on engine oil spilled in the parking lot by another customer, who hit the curb upon entry to the restaurant parking lot and did report the oil spill to restaurant management before the Plaintiff’s fall. The fall caused both a fracture and dislocation of the Plaintiff’s elbow. The Plaintiff claimed that the restaurant negligently failed to warn or remedy the oil spill, resulting in the Plaintiff’s injuries. The Plaintiff and driver (who was also sued) settled before trial, leaving only the Plaintiff’s claims against PPOA’s client-restaurant. The case was tried over three days. Matt and Bobby successfully established to the jury that the restaurant did not have sufficient time to warn or remedy of the spill following notification, and that the restaurant bore no responsibility for the Plaintiff’s injuries. A defense verdict was entered in favor of our client-restaurant, and no appeal will be taken.
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