Jane Doe v. Keystone

Mr. Horwitz represented a female who walked off a step in a child’s playground, suffering a broken leg. Keystone defended the case on the basis that it was not liable for the injuries, that the step was open and obvious, that the play structure was built to code and that one step was not inherently dangerous. Mr. Horwitz presented evidence that the original architect had walked off the job citing safety concerns during the building of the playground structure. Mr. Horwitz also produced the original architectural plans which called for a level surface at the site of the step down, with proposed testimony from the engineer that a concern for heightened safety at the child’s play area lead him to design the playground without a step down. The case settled after a second day of mediation for $135,000.