On June 5, 2017, Lucas McCall of Boehl Stopher & Graves’ Paducah office obtained a defense verdict from a federal jury in a premises liability case filed in the U.S. District Court for the Western District of Kentucky. The plaintiff alleged a broken hip due to a fall when a handrail gave way outside of the defendant’s hotel, but waited almost 2 years before filing suit, claiming that his unsound mind justified tolling the one year statute of limitations. After hearing testimony from the plaintiff’s family about his daily activities, considering the plaintiff’s own deposition testimony, and reviewing pertinent medical records entered into evidence by the defense, the jury unanimously rejected the plaintiff’s contention that he was unable to manage his own affairs at the time of the alleged fall, and the Court entered an order for the plaintiff to show cause why summary judgment should not conclude the case.
Style of the case – Peggy Shinnick as Power of Attorney for Gilbert Dagraedt vs. Ram Kabir, LLC d/b/a Super 8 Motel. Trial was on June 5, order to show cause was entered on June 7.