Case Name:	CHRISTINE KELLOGG V. HARVEY'S IOWA MANAGEMENT COMPANY, INC
Case Number:	LACV118387
Date of Trial:	10/02/2020		Venue:	Pottawattamie County
Casetype/Claims:	PI - OTHER NEGLIGENCE
Judge:	KATHLEEN A KILNOSKI
Plaintiff's Counsel:	DANIEL JOSEPH ALBERT MCGINN		Defendant's Counsel:	THOMAS MATTHEW BRADDY
Verdict:	Defense verdict: Plaintiff 70% fault
Demand Before Trial:
Offer Before Trial:
Statement of Case: In this case the plaintiff, Christine Kellogg claims that she was attempting to enter the business of the defendant when she slipped and fell in the entryway on November 23, 2016 the defendant's employees had failed to keep the entryway area safe for foot traffic and clear of slippery substances. The entryway has significant pedestrian traffic. The plaintiff claims that the defendant failed to keep the entryway clean and safe for pedestrian safety and failed to warn the plaintiff and others of the dangerous condition. The plaintiff claims that as a direct result of the defendant's negligence, the plaintiff sustained past medical expenses, future medical expenses, past loss of function of the body, future loss of function of the body, past physical and mental pain and suffering and future physical and mental pain and suffering. The plaintiff claims that the defendant knew or in the exercise of reasonable care should have known the condition of the premises was not clear of any slippery substances, and that it involved an unreasonable risk of injury to a person in the plaintiff's position. The plaintiff further claims that the defendant knew or should have known the plaintiff would not discover the conditions or that it would present an unreasonable risk of injury. The defendant denies the allegations and claims that the plaintiff's own negligent acts caused and contributed and contributed to the plaintiff's damages, if any, and if plaintiff, by reason of her negligent acts or omissions was comparatively at fault sufficient to bar her recovery as a matter of law, or reduce recovery in an amount proportionate to the percentage attributable to her comparative fault, said negligence was in failing to maintain a proper lookout, in failing to exercise ordinary care for her own safety; and in failing to take action to avoid injury. Statement of Case Defendant: November 23, 2016, Plaintiff Christine Kellogg was a guest at Defendant Harveys Iowa Management Company, Inc. d/b/a Harrah’s Council Bluffs Casino and Hotel’s property when she slipped and fell on a yellow painted directional arrow in the “DROP OFF” lane of the driveway at the entrance and alleges she sustained various injuries as a result. She claims Defendant was negligent as follows: 1. Defendant negligently failed to keep the entryway clean and safe for pedestrian safety. 2. Defendant failed to warn the plaintiff and others of the dangerous condition. She alleges she sustained permanent personal injuries and claims past medical expenses, past and future pain and suffering, permanent physical impairment, and past and future loss of function of the full body. Defendant denies it was at fault for Plaintiff’s claimed injury and damages and asserts that Plaintiff was negligent in the following particulars: a. In failing to maintain a proper lookout; b. In failing to exercise ordinary care for her own safety; and c. In failing to take action to avoid injury.
Injuries alleged:
Official Jury Verdict Form:
LACV118387 Verdict Form.PDF
Documents of interest: (when available)	LACV118387 Combined Instructions.PDFLACV118387 Defendant's instructions.PDFLACV118387 Plaintiff's instructions.PDF
Return to Jury Verdict Reporter Database
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