Chandler Atkins and Joe Morris Secure Favorable Jury Verdict on Appeal

In this case alleging an allergen exposure at a restaurant in St. Louis, Plaintiff argued that the restaurant was at fault for failing to properly identify allergens on a buffet. Plaintiff experienced anaphylactic shock and received medical treatment, some of which was deemed inadmissible pursuant to pre-trial motions argued by the Defense. The Defense argued that Plaintiff failed to take proper precautions due to his allergy, and that the majority of fault rested with Plaintiff. The jury returned an 11-1 verdict assessing 90% of fault to Plaintiff and only 10% of fault to the Defendant restaurant. After the application of comparative fault, Plaintiff was awarded only $5,000.00 in damages, which was far less than Plaintiff requested and the exact amount of an Offer of Judgment Chandler made years earlier in the case. As a result of the Offer of Judgment, the defense recovered its costs from Plaintiff. Plaintiff appealed the Judgment on various grounds, and the Court of Appeals affirmed