ZK RESULTS – ATTORNEY JOHN W. ZOTTER OBTAINS NON-SUIT AT JURY TRIAL SEEKING DAMAGES FOR KNEE REPLACEMENT SURGERY
Zimmer Kunz Shareholder, John W. Zotter, secured a non-suit after the Plaintiff rested his case at a jury trial in the Court of Common Pleas of Allegheny County, Pennsylvania. The lawsuit arose from an incident outside of a veterinary hospital wherein the Plaintiff allegedly tripped and fell when he was walking from a grass covered dog walk area onto a raised sidewalk. Plaintiff claimed that the area was defectively constructed because the grass was not flush with the end of the raised sidewalk which gave rise to a tripping hazard. Plaintiff claimed that as a result of the fall he had to have his right knee replaced. During cross-examination, it was established that when he fell, the Plaintiff was wearing flip flops and carrying his 125 pound Rottweiler dog. As a result, the Plaintiff could not testify with certainty that the alleged defect caused him to fall. After Plaintiff rested his case, a non-suit was requested and then granted by the Court because the Plaintiff could not affirmatively testify as to what caused him to fall and failed to present sufficient evidence to the jury from which it could conclude that the property owner did not properly maintain the property.
