A middle-aged female sustained injury when she tripped over a 6-inch portion of a fence post that remained after the removal of a fence at a local race track. The fall caused severe injuries to her hands and wrists and she underwent several surgeries. Lost wages were also significant.
The challenges presented included the testimony of the race track employees admitting that the post should have been removed at the time of the fence removal. Furthermore, the incident occurred in an area where the open and obvious defense was hotly debated.
The jury had a difficult time with this case and was out in excess of eight hours. The jury had numerous questions such as, What amount of medical bills were not covered by Plaintiff’s insurance? However, they eventually applied the open and obvious rule to award the defense a verdict.