Woman injured during jury duty sues Jackson County

Chances are most people would throw themselves down a flight of stairs to get out of jury duty.

In Louella Wilkins' case, a fall down the stairs didn't stop her from fulfilling her civic duty, but it is the subject of a lawsuit she plans to file against Jackson County.

Wilkins, who remained on a jury three years ago after falling down a couple of steps in the downtown courthouse, plans to seek damages from the county for the injuries she suffered.

Wilkins, now 64, fell down the bottom two steps while coming from the jury room in Judge Justine Del Muro's division in May 2005. Her face was injured when it hit the wall at the bottom of the stairs. She also fractured her right ankle and had other leg injuries.

Peter Goss, Wilkins' attorney, said his client's fall was the result of a dangerous staircase. The petition claimed liability and negligence against Jackson County.

"These stairs are very, very steep and very slick and narrow," said Goss, of Wendt Goss. "Obviously, when a jury is selected they are of all ages and have different types of disabilities. Elderly folks get picked all the time. It's difficult to maneuver those stairs because of the construction and lack of handrails."

Goss announced the lawsuit in a press release on Tuesday. As of Tuesday afternoon, the case had not been filed with the court.

Mary Jacobi, public information officer for the court, declined to comment until the suit was officially submitted.

Wilkins was a juror for a case that lasted about two weeks. She fell on a Friday morning as the trial was getting started for the day. It concluded the following Tuesday.

Paramedics were called to the division, Goss said, and Del Muro urged her to get treatment.

Goss said at the time of the fall one juror had already been let go because of personal reasons, and a second juror was scheduled to leave for a pre-planned family vacation if the trial took extra time.

Not wanting that juror to miss her vacation or having a mistrial declared, Wilkins refused to go to the hospital and continued serving.

Goss said there should have been handrails on both sides of the stairs, which are carpeted. A second handrail has not been installed.

And after the accident, he added, warning signs were allegedly posted in the stairway.

"The fact that the county posted warning signs after my client's accident," Goss said, "clearly shows the county's belief that the stairs are too narrow and steep to be without two handrails and sufficient traction."

No signs were visible on the stairway when a reporter checked them Tuesday.

The lawsuit does not allege any wrongdoing on the part of Del Muro or others in her division.

"I think the judge, obviously, handled it the best way she possibly could have," Goss said. "They called the medical people in and she gave my client a choice to go receive treatment or not.

"And it's my understanding that at the end of the trial, judge thanked Ms. Wilkins for sticking it out. I think the judge handled it beautifully," he added.

In the three years since the incident, Wilkins has incurred over $60,000 in medical bills and still has pain and discomfort, Goss said.

Wilkins is seeking to recover the medical expenses and damages for pain and suffering.

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