Winstead v. Roadhouse Investments

$53,747.63 Verdict

Date of Verdict: Feb. 5.

Court and Case No.: C.P. Allegheny No.  GD-17-004508.

Judge: Patrick M. Connelly.

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

Injuries: Back, head, neck injuries.

Plaintiffs Counsel: C. William Kenny, Berger and Green, Pittsburgh.

Plaintiffs Expert: Michael W. Collins, head injury, Pittsburgh.

Defense Counsel: Scott T. Redman, Law Office of Kelley A. Morrone, Wexford.

Defense Experts: David M. Lobas, neurology, Butler; Scott G. Rainey, orthopedic surgery, Butler.

Comment:

On Sept. 29, 2015, plaintiff Curtis Winstead, 40, an owner of a home remodeling business, was a patron at a Texas Roadhouse restaurant in Bridgeville. He slipped and fell while on the property. Winstead claimed head injuries.

Winstead sued the restaurant's owner, Roadhouse Investments LLC. He alleged that the restaurant was negligent for allowing a dangerous condition to exist.

At the time of the accident, Winstead was using a cane after injuring his back. While using his cane, he walked toward an incline ramp to access the restrooms. As he got to the top of the ramp, he slipped and fell on the greasy wet surface, striking his head and rendering himself unconscious.

Winstead's counsel cited a surveillance video that showed him moving slowly when his right foot suddenly slid out from underneath him. His counsel further cited the record by the responding emergency service technician, who noted that the floor was slippery from food residue as well as from rainwater. Winstead's counsel argued that the restaurant failed in its duty to eliminate from its premises any defective conditions that posed a hazard to its patrons. The defense maintained that no dangerous condition caused Winstead's accident. The defense cited the surveillance video to argue that multiple patrons had used the same ramp without difficulty or incident. The defense contended that the accident most likely occurred due to Winstead's use of a cane. Defense claimed that his instability on his feet resulted in his fall.

Winstead was taken by ambulance to a hospital and was admitted. He was diagnosed with a concussion and kept overnight for observation.

Winstead was ultimately diagnosed with an aggravation of a preexisting condition in his thoracic spine; a month before the accident, Winstead suffered a compression fracture at the T7 vertebra. Upon discharge the day after the accident, Sept. 30, 2015, Winstead followed up with his primary care physician, who referred him to a brain injury specialist. In November of that year, Winstead visited the specialist, complaining of headaches, light and noise sensitivity, nausea, fatigue, blurred vision and neck pain. He underwent cognitive testing that showed difficulties with verbal memory and reaction time. Winstead was put on a course of vestibular therapy and given behavioral management strategies, including better regulation of his sleep, diet, hydration, stress and physical activity. He further treated with pain medication.

Through January 2016, Winstead treated with five sessions of vestibular therapy and consulted his brain injury specialist. Through 2018 he treated with physical and occupational therapy for his back injury. He received no further treatment.

Winstead's brain injury specialist causally related Winstead's injuries and treatment to the accident. The expert opined that Winstead' may benefit from further treatment.

Winstead testified that he continues to suffer from headaches, dizziness, occasional nausea and photo/phono-sensitivity. He also complained about intermittent back pain. He sought to recover stipulated medical costs of $3,747.63, plus damages for past pain and suffering. The reason that Winstead sought damages for only past pain and suffering is that Dec. 6, 2019, more than four years after the slip and fall, he was involved in a motor vehicle accident that left him in a medically induced coma.

The defense's experts in neurology and orthopedic surgery testified that any injury Winstead suffered from the Sept. 29, 2015, accident resolved fully, and that his ongoing back complaints are solely due to his preexisting back condition.

The jury found that Roadhouse Investments was negligent. Winstead was determined to receive $53,747.63.

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

—This report first appeared in VerdictSearch, an ALM publication