Robert Rhodes Prevails on Premises Liability Case; Court Cites Plaintiff’s Lack of Evidence

FLB Law partner Robert Rhodes recently won a premises liability case at trial, representing one of the firm’s hospitality clients. The plaintiff fell in the client’s facility on New Year’s Eve and claimed that a depression or uneven surface on the floor caused her alleged injuries.

However, during the trial, it was revealed that most of the plaintiff's treatment for the injury did not begin until two years after the incident. It was further revealed through medical records, which were not disclosed by the plaintiff, that she had sustained a subsequent injury to her knee well after the subject incident.  Bob’s diligent discovery efforts uncovered two important facts: first, a second knee injury sustained while singing karaoke had actually triggered the majority of the treatment, and second, significant discrepancies between her claimed prior earnings and actual tax filings.

Despite attempts at an early nominal settlement, negotiations failed, leading to the trial where the judge found insufficient evidence to support the claim, citing the absence of video evidence and failure to establish the condition as obviously hazardous.

 This case highlights the effectiveness and importance of FLB Law’s approach to litigation, which involves thorough discovery and meticulous presentation of evidence.