Tom Berger and Lisa Robinson tried a premises liability case stemming from an alleged fall outside of a plaintiff’s residence that specifically occurred on the walkway controlled and maintained by the home owner's association. Plaintiff claimed that she slipped and fell because of nuts, pinecones and mold on the walkway. A photograph of the location that was taken four months later depicted a bad mold condition. This photograph was taken during cleaning of the sidewalk and was admitted as evidence by the trial court judge. Mr. Berger and Ms. Robinson presented other photographs as evidence that were taken closer to the time of the fall which depicted nuts and pinecones but no mold. The nuts and pinecones come from the significant number of surrounding trees in the area. Testimony presented at trial showed that the nuts and pinecones were and are removed each time the grass is mowed (approximately 1 time a week).

Plaintiff claimed injuries to her neck, back, right shoulder and left knee. After the fall, plaintiff underwent a left knee arthroscopic meniscectomy surgery. During this surgery, she was also given platelet-rich plasma treatment for the left knee and right shoulder. She would get several more injections over the next several months including platelet-rich plasma medial branch blocks and epidurals. She also had a lumbar discectomy performed at L4-5. This was followed by a radiofrequency ablation to the lumbar spine. A final surgery was performed at L4-5 and this time with instrumentation. Defense expert physicians both testified that the surgeries were not related to the fall. There were minimal pre-date of loss records and the determination of causation was the period of time between the fall and the first complaint (11 days).

The medical bills were $455,660 and the Boyd & Jenerette defense team presented testimony that the amounts claimed were excessive.

At he conclusion of the trial, the jury returned a defense verdict on liability.