Vol. 58 No. 1

Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to maintain parking lot

January 2022

Sanjuana Rios, 69, worked as a certified nursing assistant for Normandy Park Assisted Living, LLC. Early one cold morning, Rios exited her vehicle in the facility’s sloped parking lot. She slipped and fell on black ice, fracturing her wrist. She underwent surgery and incurred medical expenses totaling more than $86,100.

Rios sued Normandy Park, alleging that it failed to maintain its parking lot. The plaintiff asserted that although the defendant’s facility operated on a 24-hour basis, the defendant lacked onsite maintenance personnel during the evening hours. Moreover, the plaintiff claimed that the defendant did not have enough ice melting materials at the time of the incident.

The defense denied liability and argued that there had been no black ice at the time of the plaintiff’s slip and fall.

The jury awarded approximately $1.08 million, finding the plaintiff 25% at fault.

Citation: Rios v. Normandy Park Assisted Living, LLC, No. 19-2-08256-9KNT (Wash. Super. Ct. King Cty. Dec. 11, 2020).

Plaintiff counsel: Marlena Grundy and AAJ member Terence Traverso, both of Bellevue, Wash.

Plaintiff experts: Gary Schuster, internal medicine, Bellevue; and Brian Jones, orthopedics, Burien, Wash.

Defense experts: Jeff Renner, meteorology, Bellevue; and Steven Sun, hand surgery, Kirkland, Wash.