53-Year-Old Woman Represented by Dearie Law Group Awarded $13.1 Million After Fall Resulting in Tragic Injuries and Potential Above-Knee Amputation
June 21 2024 - 12:00PM
Business Wire
City of Seattle and Apartment owner to pay
damages following negligence that led to the incident
Yesterday, a Seattle jury awarded $13.1 million to a 53-year-old
ultra-distance athlete after she slipped and fell on a notoriously
dangerous sidewalk, leaving her with life-altering injuries that
could require the amputation of her right leg.
On July 8, 2021, Lesley Mettler Auld was walking west on Queen
Anne neighborhood’s Dravus Street on a section of sidewalk that was
perennially covered in water and algae when she fell, pinning her
legs under her body and snapping both of her quadriceps muscles,
according to the lawsuit filed in King County Superior Court on May
27, 2022.
Mettler Auld, a professional fitness coach and veteran of dozens
of marathons and ultra-marathons has endured five surgeries to
repair the damage caused by the fall. She faces the prospects of
additional surgeries, including the possible amputation of her
right leg after a failed procedure to reattach the ruptured muscle
compounded other issues from the fall, said Auld’s attorneys, Ray
Dearie, founding partner of the Dearie Law Group, and Drew
Lombardi, associate attorney at the Dearie Law Group.
According to Dearie, other residents in the northwest Queen Anne
neighborhood testified in court that they’ve also fallen on the
1300 block of West Dravus, blaming hidden algae on the sidewalk,
dating as far back as a decade.
“The jury heard that those responsible for maintaining the
sidewalk had to have known of the deplorable condition of the
walkway, which led to my client’s tragic injuries,” Dearie said.
“Had the City taken a nominal amount of action to maintain the
sidewalk, my client would still be running marathons and
ultra-marathons today.”
Court testimony and filing documents note that the sidewalk has
historically been shrouded in shade from overgrown vegetation,
which allowed a sheen of moss and algae to coat the steeply sloped
surface year around, fueled by water runoff from the hillside.
The lawsuit named the apartment owners, 14th & Dravus LLC,
and the City of Seattle as defendants.
According to court documents, Mettler Auld was a lifelong
athlete, completing 14 Ironman competitions along with
ultra-marathons, some as long as 100 miles in length.
Dearie added that Mettler Auld extended her love of running into
a successful career as a sought-after professional trainer and
running coach.
“I am still struggling to accept that since my fall, I will
never run again, and I struggle to walk simply,” said Mettler Auld.
“Today, fully 34 months since the fall, I still have to pull myself
up the stairs in my house on my hands and knees.”
The trial began on May 28, 2024, and the jury deliberated for
three days before rendering the verdict. Ultimately, the jury found
the 14th & Dravus LLC 52% liable, and the City of Seattle 48%
liable.
According to Dearie, while the jury verdict will help Mettler
Auld finance what experts say will be millions in future medical
expenses and help place her income as a running coach, it fails to
address the devastating impact on her life.
“Lesley has lost her career and ability to do the simple
activities of daily living,” said Dearie. “The verdict in favor of
my client is a tremendous win, but no amount of money will return
her life to normal.”
Mettler Auld noted that adjusting from a vital, active woman to
her current condition is extraordinarily difficult, and she is
often reminded of her new reality.
Before her fall, Mettler Auld attempted to earn entry into the
prestigious Western States 100-Mile Endurance Run. This race
requires runners to qualify by completing a similar race and then
winning one of just 381 spots through a lottery, which often has
nearly 10,000 entrants.
Two years after her incident and amid repeated surgeries to
repair the damage, Mettler Auld received notification that she’d
been awarded one of the coveted entries to the race, she
shared.
“When I read the note, I was devastated,” she said. “Writing
them back to tell them I can’t run was the hardest thing I’ve had
to do.”
About Dearie Law Group:
The Dearie Law Group represents people who have been seriously
injured in personal injury, wrongful death, sexual abuse and
medical malpractice cases involving corporate, government and
individual wrongdoers. Known for its fierce determination to fight
for justice, its reputation has been built on qualitative success,
not volume. To learn more about Dearie Law Group, visit
www.dearielawgroup.com
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