August 13, 2004

O’Bryan, Brown and Toner successfully defended a Louisville car dealership from alleged premises negligence.  A man dropped off his car in the early morning dark for repair work, then walked through what looked like a pathway though the grass to the parking lot.  The man then tripped over what were actually decorative stepping stones, tearing his rotator cuff and causing ongoing pain.  The Plaintiff alleged that the pathway was not sufficiently lit and unreasonably dangerous.  The defense disputed the facts, arguing that the pathway was properly lit and that the Plaintiff tripped on his own fault.  In the end, the Jefferson County jury found in favor of the dealership.

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