B&C Wins Defense Verdict for Municipality in Jury Trial

Published on Thu, February 14, 2013

Burch & Cracchiolo attorney Dan Malinski obtained a defense victory as counsel for defendant City of Surprise, Arizona, after the jury deliberated a short time in a premises liability case.  Dan was assisted by paralegal LaJoyce Kerns.  In this case, the 10 year old plaintiff was injured seriously after tripping and falling on an allegedly unmarked metal bracket that had been left sticking up out of the ground by City workers in a City park playground.  The claimed injuries included two fractures of the plaintiff’s right forearm, disfigurement, permanent pain and neurological symptoms, and residual loss of range of motion.  City workers had erected warning cones and caution tape around the exposed bracket, but were aware that children would repeatedly and frequently remove those warnings.  The plaintiff alleged that no warnings at all were in place at the time of her injury, and offered photographs taken of the playground and the exposed bracket which showed no warnings in place.  The jury agreed with Dan’s argument that the City had acted reasonably under the circumstances, and rendered a defense verdict in favor of the City. 

Congratulations Dan and LaJoyce!