Bovis Kyle obtains defense verdict in Gwinnett County slip-and-fall trial


Bovis Kyle attorneys Christina Gulas and Edward “Ward” Pankowski obtained a defense verdict following a three-day jury trial in Gwinnett County, Georgia. The trial was the culmination of a lawsuit that stemmed from a December 26, 2015, fall at the defendant’s used car lot.

During closing arguments, plaintiff’s counsel asked the jury to award $640,000 to the plaintiff in damages. The defense focused on the plaintiff’s history of slip and falls dating back to 1991, as well as subsequent falls and accidents that caused the plaintiff similar injuries as those alleged during trial.

“We blew up a photo of the pavement where the plaintiff fell and highlighted testimony from the plaintiff that she could have seen this and nothing was distracting her,” attorney Gulas said. “The jury ultimately agreed that this accident was about the plaintiff’s negligence, not anything our client did.”

The key argument, Gulas explained, was showing the jury that the pavement where the plaintiff fell was a “static condition” and an “open and obvious” hazard.

“For the last five years, our firm has been working on this case with an eye towards this day,” Gulas said. “This is a victory for everyone on our team, for every defense attorney who is willing to try these cases, and most importantly, for our client.”

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