$200K Verdict in Trip and Fall Lawsuit Against Pizza Hut

Posz v. Pizza Hut

Case Background

Judith Posz filed a premises liability lawsuit against Quality Restaurant Group d/b/a Pizza Hut over a trip and fall in the parking lot. The case was filed in the Indiana Superior Court, Shelby County, with Judge R. Kent Apsley presiding. [Case number: 73D01-2206-CT-16]

Cause

On December 3, 2021, Judith Posz visited the Pizza Hut restaurant at 1636 State Road 44 in Shelbyville. Quality Restaurant Group operated the restaurant, leasing the property from Laodice 1101, LLC. During her visit, Posz tripped and fell in the parking lot.

Injury

Posz claimed the fall caused a large cut to her head, which resulted in a visible scar. Posz also reported experiencing emotional distress as a result of the incident.

Damages

Posz sued both Quality Restaurant Group and Laodice 1101, accusing them of negligence. She alleged they failed to keep the property reasonably safe and did not provide adequate lighting in the parking lot. Later, the parties agreed to dismiss Laodice 1101 from the lawsuit. The case then proceeded with Posz's claim against Quality Restaurant Group.

Key Arguments and Proceedings

Legal Representation

Plaintiff(s): Judith Posz
- Counsel for Plaintiff(s): Kellie C. Clark | Andrew J. Verhonik

Defendant(s): Quality Restaurant Group
- Counsel for Defendant(s): Jeremy M. Dilts

Claims

Defense

The restaurant defended the case, denying that the property was in a hazardous condition. The defense also argued that Posz was partially at fault for the incident.

Jury Verdict

The trip and fall lawsuit went to trial over two days in Shelbyville. On July 10, 2024, the jury found Quality Restaurant Group entirely at fault, assigning 100% of the blame to the company and none to Posz. They awarded Posz $200,000 in damages. The Court finalized the judgment for $200,000, adding costs and interest.

Court Documents:

Available for purchase upon request

$200k Verdict in Trip and Fall Lawsuit: Pizza Hut Found 100% at Fault