Shining the Light on Trial Preparation

May 2018

In the case of Bobby Sims v. Berwyn South School District #100 the accident occurred when petitioner, who traveled from school building to school building performing maintenance functions, fell in a stairwell on district property. He claimed he couldn’t see the bottom steps because of poor lighting and, as a result, missed one, twisting his knee and sustaining a meniscus tear.

Trial preparation included two site inspections, one done exactly a year from the original accident and at the same time of day. That precision proved key as it conclusively demonstrated that at the time petitioner fell, the stairwell would have been illuminated by natural light flooding through an exterior window. Moreover, the pertinent entries from the Farmer’s Almanac were consulted and confirmed that lighting conditions in the stairwell upon the inspections were identical to the date of the alleged loss. Both inspections were well documented by photographs.

Trial preparation also included numerous interviews with petitioner’s co-employees, one of whom, the head custodian, confirmed that on the loss date, he arrived ahead of the petitioner to turn on all the common area lights in the building. He was able to testify that the interior lights were on in the stairwell when petitioner fell.

At the same time the in-depth investigation bolstered the employer’s case, it undermined the petitioner’s by calling into question his credibility. Robust collection of the documentary evidence demonstrated petitioner had said nothing about a lighting issue until after he completed all of the initial accident reports. Even a supplemental memorandum to his supervisor did not allege a lighting defect in the stairwell.

The Arbitrator concluded that based on the employer’s proof there was no defect in the subject stairwell; it was open to the general public so there was no increased risk confronted by the petitioner; and, his case was overall impaired due to his lack of credibility.