John Fleming defended the landlord in a case where the injured plaintiff claimed a trip and fall on a loose floor tile in the kitchen in the leased premises. Plaintiff and her husband cleaned the floor several times per week for several years and never observed any loose tiles or any defects. The landlord had no notice of any loose or dangerous tiles.
During closing argument, Mr. Fleming argued that the injured plaintiff wanted the jury to believe that everyone else was not telling the truth, including her husband, her medical care providers, and the landlord, but that the jury should somehow believe plaintiff’s version of the story. The jury returned with a verdict in favor of John’s client, the defendant landlord.