Our client went to a Twin Cities mall with her husband to see a movie. Upon returning to their vehicle, at night and in the dark, our client stepped in a water valve shut off that was missing its cap in the parking lot. This resulted in a severely fractured ankle, necessitating multiple surgeries and ultimately an ankle fusion.

Jeff Montpetit filed suit against the property owner. Intense litigation followed and it was learned in discovery that the property owner knew of this exact problem with the water valve caps but failed to do anything about it. The artificial lights in the area were also not working at the time of the fall.

The property owner, prior to trial or any settlement of the claim, filed bankruptcy. Jeff Montpetit fought the bankruptcy and the claim was not discharged. The case was settled just prior to trial for $210,000.