Heyl Royster

Simmons Secures Trial Victory in Springfield Trip and Fall Case

Posted on March 14, 2023 at 12:00 AM by Daniel Simmons

Springfield, IL (March 1, 2023) - Heyl Royster Partner Daniel Simmons recently secured a significant trial victory on behalf of Shop n Save Foods, the property lessee, and First Springfield Associates, the property lessor. The matter arose from a case alleging a trip and fall at the Springfield Shop n Save, where the Plaintiff suffered a wrist injury. Following the incident, the Plaintiff demanded $25,000 to settle the case.

At trial, Plaintiff alleged that she suffered a scapholunate insufficiency in the right wrist that will eventually require surgery as a result of a fall in a pothole at that establishment.

Daniel Simmons defended the case on liability and damages. The defense argued that Plaintiff did not trip on anything and that while the parking lot had cracks, it had no distinct potholes in the area where Plaintiff fell. Additionally, the defense argued that the parking lot's condition was open and obvious to Plaintiff.

The Plaintiff rejected a combined settlement offer of $10,000 and withdrew her settlement demand. After a 45-minute deliberation, the jury returned a verdict on behalf of both defendants.

Dan Simmons is a partner working out of the firm’s Springfield office. Dan's goal in all cases is to determine the client's outcome priorities and put a litigation strategy in place to achieve the desired results efficiently and economically. With 38 years of experience working out of the firm's Springfield office, Partner Dan Simmons provides Casualty and Workers' Compensation defense services in Central and West Central Illinois. Dan thrives in the complicated interplay between Casualty and Workers' Compensation, and in these cases, he is particularly well suited for litigation and settlement. 

© 2024 Heyl Royster. All Rights Reserved.