TT&H Attorney Rebecca Sember Izsak wins defense verdict in negligence action claiming closed head injury.

Attorney Rebecca Sember Izsak recently won a defense verdict following a jury trial in Mercer County.  Plaintiff claimed that she slipped and fell on a thick and dirty isolated patch of snow and ice as she stepped out of her car at a gasoline pump.  Plaintiff claimed a closed head injury in connection with the accident.  More specifically, she claimed injuries to her neck and head as a result of striking the running board of her car.  She also claimed permanent cognitive impairment and exacerbation of emotional issues as a result of post-concussion syndrome, as well as constant and permanent neck and back pain.  At trial, the plaintiff readily admitted that she never looked at the ground before stepping out of her car.  Relying in part on this testimony, Rebecca argued that there was no liability, as the isolated ice was an open and obvious condition observable by anyone paying reasonable attention.  The jury found that the plaintiff was comparatively negligent and apportioned 90% of the fault to her, presumably for failing to look to the ground before exiting her vehicle.  Accordingly, a verdict was entered in favor of the defense.  Post-trial motions were filed raising the issue of the appropriateness of a jury instruction on comparative negligence, but the same were withdrawn after argument in front of the Court.

Questions about this case can be directed to Rebecca Sember Izsak, at (412) 926-1446 or rsember@tthlaw.com.