Frostbutter v. Bob Evans Farms, Inc., United States District Court for the District of Maryland, Case No. 8:12-cv-02388-CBD
Les Gelhar got a defense verdict in this case. An 80-year-old plaintiff suffered a proximal femur fracture in a fall, requiring operative repair and internal fixation. She claimed that she fell when her foot became entangled in a decorative sink curtain in the ladies room. The curtain was unfortunately disposed of the day following her fall, leading the Court to give a spoliation instruction. The jury returned a defense verdict after a three-day trial. They were not convinced plaintiff fell in the manner she described. She tested positive for cardiac enzymes in the hospital following the fall, and on cross examination, her orthopedic surgeon acknowledge the possibility that dizziness recorded in the emergency room chart may have been a symptom of an impending heart attack, not a consequence of the trauma.