Kathleen Johnson and Rachelle Veikune win defense judgment for retailer.

TAM attorneys Kathleen Johnson and Rachelle Veikune won a defense judgment in a bench trial held in Mesa County District Court.  This was the second of the firm’s COVID-era trials to date.

The case involved claimed physical injuries as the result of a fall on a retailer’s premises.  Because of the issues empanelling a jury during the pandemic, the parties agreed to waive their jury demands two weeks prior.

The plaintiff rested after three and a half days of evidence, and Ms. Johnson and Ms. Veikune moved for dismissal for lack of proof.  Taking the oral motion under advisement for less than an hour, the Court reach a written judgment that the plaintiff had not established any facts to support liability against the retailer and went a step further to decide that the retailer was not negligent in maintaining it premises for the shopping public.  The court awarded TAM’s client its expert fees and litigation costs in the judgment as the prevailing party.

The case, 2019CV030134, was tried from August 10-13, 2020, before Judge Lance Timbreza.