Kelly v. Chenault

$30,000 Verdict

Date of Verdict: May 14.

Court and Case No.:  C.P. Philadelphia No. 170203354.

Judge: Charles J. Cunningham III.

Type of Action: Premises liability, slip-and-fall.

Injuries: Ankle fracture.

Plaintiffs Counsel: Jay L. Solnick, Solnick & Associates, Philadelphia.

Plaintiffs Expert: Kenneth J. Martin, podiatry surgery, Philadelphia.

Defense Counsel:  Danielle Chenault, pro se.

Comment:

On March 1, 2015, at about 2 a.m., plaintiff Doris Kelly, 50, was walking on the sidewalk at 2710 W. Oxford St., in Northwest Philadelphia, when she slipped and fell on ice. She claimed a fracture of her right ankle.

Kelly sued property owner Danielle Chenault, alleging that she was negligent in maintaining the property, creating a dangerous condition. Counsel faulted Chenault for not remediating the ice, by either salting or attempting to remove it.

Chenault testified that she had properly treated the sidewalk, and faulted Kelly for failing to use extra caution while walking in the area at night.

Kelly was assisted by a passerby and taken by ambulance to an emergency room. She was diagnosed with a bimalleolar fracture of her right ankle and discharged.

For the next six weeks, Kelly remained non-weight-bearing, then had open reduction and internal fixation surgery for her fracture, with a plate and screws implanted. Following surgery, Kelly consulted with her surgeon and eventually had a six-month course of physical therapy, which consisted of exercise. No further treatment was rendered, and Kelly sought to recover a Department of Public Welfare lien of approximately $5,000.

Kelly's cited her medical records to causally relate her injury and treatment to the accident.

Kelly testified that her ankle injury caused her to become dependent on her children, who lived with her. This included helping with activities of daily living, including bathing, cooking and shopping. Kelly testified that she has difficulty going up and down stairs. She sought damages for past and future pain and suffering.

Chenault did not dispute Kelly's injuries and treatment.

The court found that Chenault was liable for Kelly's accident and injuries and awarded Kelly damages of $30,000.

This report is based on information that was provided by plaintiffs counsel. The pro se defendant was not asked to contribute.

—This report first appeared in VerdictSearch, an ALM publication