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