Man falls down stairs: Improperly secured carpet: Failure to warn: Aggravation of preexisting scoliosis: Chronic pain syndrome: Verdict

Law Reporter, Apr 2000

Colford v. D. & C. Enters., Inc., Me., Somerset County Super. Ct., No. CV-97-035, Dec. 17, 1999.

Colford, 49, was conducting business with a client at the client's office. The client, a corporation, was renovating the second floor of the building and had placed a carpet runner on the stairs. The carpet was secured with staples where the riser and tread met, but was not secured on the edges. As Colford was descending the stairs, his heel became caught on the unsecured edge of carpet and he fell about halfway down.

Colford suffered pulled muscles and ligaments in his back that aggravated his preexisting scoliosis. In addition, he suffered slight disk herniations and has been diagnosed as having chronic pain syndrome. His medical expenses were about $30,000. An independent insurance salesman who had earned about $108,000 annually, he is unable to return to work.

Colford sued the corporation, alleging the carpet had been installed improperly. Not only was it unsecured on the edges, plaintiff claimed, but it was thicker than a normal industrial carpet used commercially to carpet stairs in business environments.

Suit also alleged defendant had failed to warn plaintiff of a known defect. Defendant's president testified that he was afraid of the stains because he felt the carpet was spongy, too thick, and "felt weird." Plaintiff's civil engineering expert testified that the carpet violated the National Fire and Life Safety Code because of its thickness, which caused a lack of firm footing.

The jury awarded plaintiff about $1 million. Plaintiff's experts included Alexander Hutcheon, civil engineering, Portland, Me.; Harrison Aldrich, sports medicine, Unity, Me.; and Allen McCausland, economics, Contoocook, N.H.

Plaintiffs Counsel

*Mark L. Randall, Portland, Me.