Kentucky teacher awarded $4.2 million after slip-and-fall accident

By Laura Vogltanz

Published on April 17, 2006

Doctors who testified at the trial said Zanke broke her right arm after the fall. It didn't heal correctly and she developed reflex sympathetic dystrophy, a condition that spread to her left arm, causing a continuous burning sensation and hypersensitivity.

At the time of the fall, contractors at Zanke's housing complex had removed several rain gutters to replace the siding. Weather and costs postponed the work, allowing for ice to accumulate from the pooling water. Several residents complained about the danger before Zanke fell, but nothing was done.

Zanke sued the management company and the apartment owners for negligence. Though defense attorneys argued that the management company had issued work orders to eliminate the ice, Zanke's lawyer said the accident could have been prevented.

The Franklin County Common Pleas jury awarded Zanke $4.2 million for future pain and suffering, and medical expenses. This is one of the largest awards for a premises liability case in Kentucky. In 1999, a jury awarded $5.8 million to a 6-year-old girl who suffered brain damage as a result of a slip and fall accident at a local Kmart.

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