Casey Dorey

The plaintiff, Debbie Lee Wilson, claimed damages for injuries sustained from a slip and fall in a mall parking lot, fracturing her right elbow.

She sued the property manager and snow removal contractor for negligence under the Occupiers' Liability Act.

The court found the defendants negligent for failing to apply salt in a timely manner, creating a dangerous icy surface.

The plaintiff was found 25% contributorily negligent for not taking special precautions despite being aware of winter conditions.

Damages were awarded for general damages, past loss of income, future housekeeping/lawn maintenance, and future care costs, reduced by the plaintiff's contributory negligence.

The plaintiff was injured in a motor vehicle accident for which the defendants admitted liability.

The trial proceeded by judge alone to determine whether the plaintiff's injuries met the statutory threshold and to assess damages.

The court found that the plaintiff sustained a permanent serious impairment of an important physical, mental, or psychological function, specifically chronic widespread pain, mild neurocognitive disorder, and psychological symptoms.

The court dismissed the defendants' threshold motion and awarded the plaintiff $100,000 in general damages, $38,371 for past income loss, $201,294.72 for housekeeping, and various amounts for future care costs and out-of-pocket expenses, with future income loss to be calculated based on a projected retirement date.