July 2013
In July 2013, Noel Halpin obtained dismissal of a trip and fall case for a National Retailer in Jefferson County, Kentucky. The Plaintiff alleged an unsafe design of the approach to the store’s entrance, which contained non-slip pads near the edge of a rolled curb. The Plaintiff tripped and fell, and sustained a wrist fracture, face and head contusions, and several other abrasions. The Plaintiff claimed that the non-slip pads caused her fall. The fall was captured on video and the video showed that the Plaintiff fell in a different spot, several feet away from the non-slip pads. The video evidence proved that the Plaintiff had an unobstructed view of the approach and simply failed to negotiate the sloped curb as she approached. The video evidence contradicted a previous recorded statement, taken under oath, from the Plaintiff. After production of the video, Plaintiff agreed to dismiss her lawsuit. An Agreed Order of Dismissal was subsequently entered.