Christensen v. Foss Waterway Marina
Case type: Personal Injury, Premises Liability
Award: $631,000 Settlement
Attorneys: Nathan Roberts, Jack Connelly
Plff Rod Christensen slipped and fell on a poorly maintained and recklessly designed walkway leading to his home at Foss Waterway Marina late one evening. The walkway lacked a necessary guard rail or wall, which left a 2 foot wide gap in its railing, exposing users to a fifteen to twenty foot fall onto sharp rocks below. The entrance to the gangway was covered with slippery wet leaves that should have been removed by marina maintenance. The testimony and evidence in the case revealed that the gap had been there for over twenty years and that the Def., aware of this condition, had not taken action to correct it. Prior to filing suit, the parties engaged in a pre-litigation mediation. The Def.'s argued very strongly that a purported exculpatory clause in the moorage agreement would effectively prevent Plffs from pursuing this claim. The Defs. also contended that Plffs were comparatively negligent.