Woman recovers $3.2 million for slip in parking lot in premise liability case

In September 2009, plaintiff Denise Herron, of late 20s, sustained injuries to her right ankle when trying to exit a parking lot to a theater.

Herron and her boyfriend went to see a concert and were directed to a parking lot by parking attendants. The parking lot was managed by Nederlander-Greek Inc, which leases the theater of the concert. There were two ways to exit the park - walking down a narrow dirt road into oncoming traffic or climbing over a two foot fence with a three foot drop on the other side. Harron and her boyfriend followed others and went over the fence. However, instead of Herron fell from the lege and injured her right ankle and lower leg.

Herron sustained open comminuted fractures to her right ankle and lower leg, specifically her tibia and fibula. An external fixator was placed in September which was followed by an internal fixation (by placing a fibular rod) later in September. In January the fibular rod was removed.

Herron's ankle/leg still has not healed; the bone remains in two pieces. Herron must use a scooter device to travel because she is unable to place any weight on her injured ankle/leg.

Herron sued Nederland-Greek for premises liability due to negligent maintenance. She noted that the parking lot was between two hills that where dirt was laid years prior and that it should have a walkway from the parking lot to the theater's entrance. Herron also mentioned that the operations manager for the entire facility admitted that he has never inspected or even been to the parking lot where the injury took place. The operations manager admitted that Nederlander-Greek exposed guests to the risk of death or serious injury every night for eight years due to not having a walkway.

The defense argued that Herron should have seen the drop off on the other side of the fence to prevent her injury.

The jury found the parking lot to be in dangerous condition for Nederlander-Greek for not providing a safe walkway for guests and assigned Herron 27.5 percent liability for her accident. Herron was awarder $3.2 million in damages which was reduced to $2.3 million after assignment of her liability. The award covers future medical expenses, lost earning, and physical pain and mental suffering.

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