W. Darren Powell secured a defense verdict in a jury trial before the Honorable Judge Kline, Lebanon County, Pennsylvania, where the pretrial demand was $40,000 and pretrial offer was $10,000.

Plaintiff tripped and fell on a crack in the sidewalk at the Defendant's strip mall.  Plaintiff claimed multiple injuries to her neck, back, hands and knees, with permanent fibromyalgia resulting in permanent physical restrictions.

Defendants owned/manages the strip mall and were responsible for maintenance of the common areas, including the sidewalk.  Defendants routinely inspected the sidewalk area and believed that the area was not a tripping hazard.  The Defendants were aware of the condition of the sidewalk before the incident and it had been in that condition for years.  Defendant maintained that it was not a hazardous condition and that Plaintiff failed to look where she was going.  There were no other trip and fall incidents in this area, either before of after Plaintiff's fall.

After hearing two days of testimony on liabililty and damages, the Court concluded that the Defendants were not negligent in the maintenance of the sidewalk, noting that a landowner is not an insurer of invitee's safety.  It noted that the Defendants acted reasonably and that Plaintiff failed to use reasonable care in crossing the sidewalk.