O’Dell v. Shorenstein, et al., Washington County 2018
Plaintiff, an active mother of four, slipped and fell on black ice while walking from a partially covered parking garage connected to a large office building where she worked. Plaintiff suffered a severe right ankle fracture requiring surgery and resulting in permanent limitations. The ice had accumulated one of the building’s heavily used employee and visitor entrances after a snow storm. Nothing had been done to warn of or clear ice which had formed at a stepdown leading from the entrance walkway to the employee parking garage. Shorenstein property management company owned and managed the office building and garage. It alleged that it was not negligent in failing to clear or warn of the ice. Alternatively, Shorenstein argued, other companies it contracted with to eliminate snow and ice on the premises were responsible for doing so. TCNF attorneys Cynthia Newton and Sydney Montanaro filed suit against Shorenstein and its contractors, alleging that they had a duty to discovery and warn of or eliminate the hazardous icy condition. Defendants pointed fingers at each other through discovery and depositions. However, TCNF lawyers demonstrated that the parties’ negligently failed to keep the walkway safe. Plaintiff and defendants reached a confidential favorable settlement shortly before trial.