Jury returns near $2 million verdict against senior residence facility over woman’s falling death

by Charles Miller

Gene Marie Gann was an 86-year-old resident of Three Fountains Apartments in Albuquerque, New Mexico. She would take a short flight of stairs every Friday on the way to her appointment at a salon in the same building. The hand railing stopped just short of the top step. The too-short railing failed to comply with the Americans with Disabilities Act. One day, as she got to the top, the absence of a railing caused her to lose her balance and fall backwards. The fall killed her.

Earlier this month, an Albuquerque jury ruled in favor of Gann’s family and found the fall and death were caused by the missing rail. The jury awarded $1.86 million in damages against the building owner.

Heygood, Orr & Pearson and premises liability claims

The jury did find Gann was partially at fault because she could have waited for someone to help her. As a result the company won’t have to pay a portion of the damages awarded. To successfully pursue a premises liability lawsuit, clients need an experienced, educated attorney on their side.

If you believe you or a loved has been seriously injured and you feel it may have been the result of someone’s negligence, contact us for a free consultation by calling toll-free at 1-877-446-9001 or by filling out the free consultation form to find out more about your legal options.


Case results depend upon a variety of factors unique to each case. Results of other cases do not guarantee or predict a similar result in any future case.

Charles Attorney Headshot

by Charles Miller

Charles Miller is a licensed attorney and a partner at Heygood, Orr & Pearson. Charles focuses his practice on areas of complex commercial litigation and personal injury litigation.