Snodgrass v. South Hills Village Associates

Defense Verdict

Date of Verdict: Nov. 15, 2019.

Court and Case No.: C.P. Allegheny No. GD-18-002310.

Judge: Paul F. Lutty Jr.

Type of Action: Premises liability, slip and fall.

Injuries: Knee injury.

Plaintiffs Counsel: Jillian M. Corbett; Simon & Simon.

Plaintiffs Expert: Gregory Flinn Habib, orthopedic surgery, Pittsburgh.

Defense Counsel: Patrick W. Murphy, Patrick W. Murphy, Carnegie.

Defense Expert: William D. Abraham, orthopedic surgery, Pittsburgh.

Comment:

On Sept. 9, 2017, plaintiff Ruth Snodgrass, 76, tripped and fell on a curb of a sidewalk at the South Hills Village mall in Bethel Park. Snodgrass claimed knee injuries.

Snodgrass sued the property owner, South Hills Village Associates. She alleged that the property owner was negligent for allowing a dangerous condition to exist. Snodgrass claimed her toe caught on the edge of a curb while she was stepping up onto the sidewalk; this caused her to trip and fall. Snodgrass' counsel argued that South Hills Village was negligent because the curb's edge was indistinguishable from the street and prevented Snodgrass from anticipating the height differential between the road and the curb. The property owner shoulder have painted the curb's edge a color that would have alerted pedestrians of the difference in elevation, Snodgrass's counsel argued.

The defense maintained that Snodgrass was contributorily negligent, that the height difference was clearly evident and discernible, and that the cub complied with all applicable standards. The defense argued that it was not necessary to paint the curb's edge, since the condition was open and obvious.

Snodgrass was taken by ambulance to an emergency room, complaining of severe pain in her right knee. She was diagnosed with a knee injury and discharged with instructions to follow up with an orthopedic surgeon.

Snodgrass was ultimately diagnosed with a proximal pretibial hematoma and a right knee nondisplaced lateral tibial plateau fracture. On Sept. 20, 2017, 11 days after the accident, Snodgrass presented to an orthopedic surgeon who, via X-ray and MRI, diagnosed her with her injuries. She was fitted with a knee brace and put on a course of physical therapy, which she underwent until November of that year. She received no further treatment thereafter. Snodgrass' expert in orthopedic surgery causally related Snodgrass' injuries and treatment to the accident and opined that she permanently injured her right knee.

Snodgrass testified that she continues to face difficulty with her right knee when walking, specifically when using stairs, and that she can no longer kneel on the knee. She contended that she also has difficulty caring for her husband, who suffered from a massive stroke prior to the accident. Snodgrass's inability to take care of her husband resulted in her having to hire various home health workers. She sought damages for past and future pain and suffering.

The defense's expert in orthopedic surgery, who examined Snodgrass, testified that Snodgrass' fracture healed normally without any lasting effect on her ability to partake in her daily activities.

The jury rendered a defense verdict. It found that South Hills Village was negligent, but its negligence was not a factual cause of harm to Snodgrass.

This report is based on information that was provided by defense counsel. Plaintiffs counsel did not respond to calls for comment.

—This report first appeared in VerdictSearch, an ALM publication