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Przemek LubeckiDan Ambrose

Przemek Lubecki · Dan Ambrose

Winning the “Almost Impossible” Trip & Fall Trial

TLU Icon January 3, 2024 6:30 PM||TLU n Demand

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SMG, now ASM Global, the largest commercial property management company in the world, operates the Superdome. In September 2018, Bonnie Rodriguez and her husband, Milton, were at the Superdome for the Saints season opener against Tampa Bay. As Bonnie stepped onto an escalator, she fell back on Milton, causing her and her husband to both fall down the escalator. Bonnie’s medical records quote her telling EMTs at the scene that she “started to lose consciousness and fell backwards” and ER personnel that “she doesn’t know what happened”. Bonnie was diagnosed with syncope (temporary loss of consciousness) and discharged. She later recalled an SMG employee high-fived her as she got on the escalator, and that it was this high-five which caused her to fall. The fall aggravated chronic back pain. Bonnie underwent a microdiscectomy 22 months after the fall and resolved.

Jury returned a verdict which specifically found Bonnie did not experience loss of consciousness or syncope! It found her 25% at fault and allowed 80K in specials and 250K in general damages in addition to 15K for her husband’s injuries.

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