Lee Welborn's 100th Jury Trial


Lee Welborn tried his 100th jury trial recently, a week-long jury trial in Clayton State Court before Judge John Carbo the week of February 27, 2012.  The Plaintiff, who had slipped and fallen off of the front steps of a motel, alleged that the welcome mat was defective and not securely fastened.  Plaintiff's attorneys presented the Clayton County Fire Chief who testified that the Fire Code required all mats to be securely fastened, as well as an expert engineer who testified that the tile on the front entrance was an unsuitable building material due to being too slippery, in addition to testifying that welcome mats must be attached to the floor surface underneath. The Plaintiff fractured her right ankle, which required surgery with plates and screws.  Plaintiff sought recovery for her $54,000 in medical bills as well as pain and suffering.

For the defense, Lee proved that the Plaintiff only came to the motel to find her ex-husband and get her past due alimony payments. This relegated her to the status of a licensee rather than an invitee, which meant that the motel owner only owed her the duty not to willfully and wantonly allow her to encounter a hidden peril.  The jury learned that the mats outside of the Fire Chief's office and outside of the Plaintiff's expert's office were merely laid down on the surface underneath without being attached, which was also consistent with the mats outside of the metal detectors at the entrance to the courthouse.  The Plaintiff's expert admitted that he had not measured the surface roughness coefficient of friction necessary to determine whether the tile met Code.  He further admitted that the authoritative treatise he referenced in his deposition supported the defense position, and not the Plaintiff's position.  Just prior to the close of evidence, the Plaintiff's attorneys dismissed the individual motel owner, and proceeded only against the corporation.  Plaintiff asked the jury to award $2.5 million in closing argument.

After two days of deliberations, the jury deadlocked with 10 jurors in favor of the defense, and 2 jurors holding out for the Plaintiff.  As a result, a mistrial was declared.  The case will appear on the May 2012 calendar for the retrial.  Lorraine Merrow v. Dahyahai Patel and Punit, Inc. d/b/a Budget Inn, Civil Action File No. 2009CV11621C