Eleanor L. MITCHELL, v. RIH ACQUISITIONS IN, LLC, d/b/a Resorts East Chicago
Jan 28, 2014OUTCOME: Defense verdict affirmed in client's favor
On May 29, 2006, Appellant–Plaintiff Eleanor Mitchell visited RIH Acquisitions IN, LLC, d/b/a Resorts East Chicago (“RIH”) with her friend Teresa Duck. As Mitchell and Duck were leaving RIH, Mitchell f ... ell and hit her right knee and elbow as she approached the passenger side of Duck's vehicle, which was parked on the second floor of the RIH parking garage. Mitchell claimed that a hole in the concrete caused her fall. After her fall, Mitchell complained of right knee pain. Mitchell subsequently brought suit against RIH, alleging that RIH violated its duty to her and, therefore, should be liable for the costs associated with the injury to her right knee. During a jury trial on Mitchell's claims against RIH, both Mitchell and Duck testified that Mitchell fell when she stepped in a hole in the parking garage. The jury also heard testimony, however, from Mitchell, Mitchell's husband, and the RIH risk manager that when Mitchell and her husband later returned to RIH and inspected the parking garage with the RIH risk manager, they did not find any holes in the concrete where Mitchell claimed to have fallen or evidence that any holes had been filled. Following a jury trial, the jury determined that RIH was not at fault, and therefore not liable for Mitchell's claimed injuries. Mitchell appeals, arguing that the jury's verdict should be reversed as it is not supported by sufficient evidence. Concluding that the jury's verdict is supported by sufficient evidence, we affirm.
