Elbasani v. nate Shurin Enterprises

Circuit Court of Jackson County, Missouri, Docket #: 00-CV-223833

Judge:  Gerald McBeth

Keith Cary, attorney for defendant Nate Shurin Enterprises (defendant Swap Shop).

Type of Claim: Trip and fall.  Plaintiff was an invitee at the 63rd Street Drive-In/Nate’s Swap Shop.  While on the premises, plaintiff claimed he tripped over a low steel railing located near the concession stand and restrooms.  Plaintiff contended the railing was located in a common area, with both 63rd Street and Nate’s responsible for the area’s maintenance.  As a result of his fall, plaintiff claimed he fractured his elbow, that required surgical repair, and experienced osteoarthritis and the partial loss of use of his right elbow, arm and hand.  Plaintiff filed a lawsuit against both Nate Shurin Enterprises, Inc., d/b/a 63rd Drive-In Theater/Nate’s Swap Shop and 63rd Street Drive-Inc. LLC.

Defendant Swap Shop denied any wrongdoing or negligence.  Defendant Swap Shop admitted it maintained the grounds where Nate’s Swap Shop was located, but denied it was responsible for the area were plaintiff allegedly fell.  Defendant Swap Shop claimed plaintiff caused or contributed to his own injuries, and the doctrine of comparative fault reduced or barred any recovery against it.  A Jackson County jury addressed the questions of proportions of fault and assigned 70% of the fault to plaintiff, 10 percent against defendant Swap Shop and 20 percent against 63rd St. Drive-In, L.L.C.

Verdict:           Plaintiff Jerry Elbasani was found 70% at fault.
                        Defendant Swap Shop was found 10 percent at fault.
                        Defendant 63rd St. was found 20 percent at fault.
                        Jury assessed plaintiff’s damages at $160,000.
The total award was reduced to $48,000 through fault apportionment with defendant Swap Shop paying $16,000 and 63rd Street paying $32,000.