Attorney Matt Bruno, and Attorney Sarah Hurdle, were recently featured in DRI’s “And The Defense Wins” publication regarding a defense verdict regarding a premises liability case. Congrats to both Attorney Bruno, and Attorney Hurdle for their jury win.
You can see the full article below courtesy of DRI- The Voice of the Defense Bar.
And The Defense Wins
Published 4-18-18 by DRI
Matthew D. Bruno and Sarah Hurdle
DRI members Matt Bruno and Sarah Hurdle, of the Indianapolis office of Kightlinger & Gray LLP, recently won a defense verdict for their bowling center client in a premises liability case. Plaintiff, a 68-year-old man, was at the defendant’s bowling center to bowl with his family. He claimed that some part of his foot stuck while he was making his approach and that he fell and struck his right wrist, ball in hand, on the edge where the lane meets the gutter. Plaintiff had two surgeries and some residual weakness in his wrist. While Plaintiff himself could not recall which specific part of his foot stuck, his wife (also a consortium plaintiff) was insistent that the heels of everyone’s shoes were sticking and that they could not slide at all. Plaintiff could not identify a specific defect with either the approach area or his rental shoes, but alleged that there must have been some dangerous interaction of the shoes and the approach.
The defense was based on Plaintiff’s lack of evidence of any dangerous condition, his assumption of the risk, and that the heels of bowling shoes are made of rubber and designed to brake the bowler, whereas the soles of the shoes are for sliding.
After being out only 10 minutes, the jury returned a no negligence defense verdict in favor of Mr. Bruno and Ms. Hurdle’s client. The case is Jerald M. Hughes, et al. v. Woodland Bowl, Inc., Cause No. 49D02-1610-CT-035703, in Marion County Superior 2 in Indiana state court.
To learn more about DRI, an international membership organization of attorneys defending the interests of business and individuals in civil litigation, visit dri.org.