Man slips on wet sidewalk: Negligent maintenance: Spinal injury: Postverdict settlement

Law Reporter, Nov 2004

Barton v. Stratford Lakes Master Ass'n, Inc., Colo., Adams County Bist. Ct., No. 02 CV 1659, Dec. 16, 2003.

Barton, 70, was walking his neighbor's dog on a sidewalk near his home when he slipped on wet grass clippings and an unidentified slimy substance on the sidewalk and fell. Barton suffered a flexion/extension injury in the cervical region. It aggravated previously asymptomatic cervical stenosis and bone spurs and resulted in spinal cord trauma. He developed myelopathy, requiring two cervical fusion surgeries. Formerly active, he is now completely disabled and requires home nursing. His past medical expenses were about $75,000. A retiree, Barton did not claim lost income.

Barton sued the homeowners' association, the management company, and the lawn service company that maintained the grounds. Suit against the homeowners' association and management company alleged negligent maintenance of the premises in that they overwatered the lawn, irrigating it with water from nearby ponds that contained a slimy substance, causing a slippery condition. Suit against the lawn care company alleged negligence in leaving grass clippings on the sidewalk.

Defendants contended plaintiff's medical condition resulted from a pre-existing condition, not the fall. Defendants also contended they were not aware of the dangerous condition and that plaintiff was partly at fault because he knew the sidewalk was sometimes slippery.

A jury found the homeowners' association 40 percent liable, the management company 50 percent liable, the lawn care company 5 percent at fault, and Barton 5 percent responsible. The jury awarded $3.6 million. The homeowners' association and management company subsequently settled for a total of $1.85 million, and the lawn care company settled for $195,000.

Plaintiff's experts were William Bentley, neurology; and Edward Colapinto, neurosurgery, both of Denver, Colo.

Defendants' expert witness was Peter Quintero, neurology, Denver, Colo.

Plaintiff's Counsel

Benton J. Barton, Denver, Colo.

Documents in Barton v. Stratford Lakes Master Ass'n, Inc., are available through the Court Documents section in the back of this issue, courtesy of plaintiff's counsel.