Jury finds for plaintiff in slip and fall trial, but cuts award in half

Steve Gonzalez Mar. 12, 2007, 12:59pm

Ramon's El Dorado Restaurant

A Madison County jury cut in half its $204,375.77 award to Marilyn Rudolph on March 9, after a five-day personal injury trial against Ramon's El Dorado Restaurant in Collinsville.

The jury reduced the award after deciding that Rudolph was 50 percent negligent for a trip and fall accident at the restaurant on May 16, 2004.

In a bizarre twist, the jury was required to return to deliberations after one juror who was polled by Madison County Circuit Judge Barbara Crowder said she disagreed with the verdict returned.

Crowder sent the jury back to deliberate until the verdict was unanimous.

Approximately 45 minutes after being sent back to re-deliberate the exact same verdict was read.

Rudolph's husband, Max, was seeking $150,000 in damages for loss of consortium, however the jury ruled against him.

Rudolph filed suit in March 2005, claiming she fell when walking from the cash register to the front door at the popular Mexican restaurant.

She accused Ramon's of allowing an uneven floor to remain near the cash register archway, failing to inspect the uneven floor, leaving it in a dangerous condition, and failing to warn her of the condition of the floor when a warning was necessary to prevent injury.

Rudolph alleged she sustained severe and permanent internal and external injuries and was, and would be hindered and prevented from attending to usual duties and affairs, and has lost, and would continue to lose the value of that time.

She also claimed she suffered great pain and mental anguish, both in mind and body.

James Gorman and Thomas Falb represented the Rudolphs.

John Cunningham represented Ramon's.

More News