A Lincoln County jury has found that the Town of Afton is not liable for a woman’s broken ankle she received while exiting the restroom at Star View Park in 2023. The verdict, which was returned on July 30 in the District Courtroom in Kemmerer, said the town was not negligent, denying the request for nearly $3 million in damages to the plaintiff.
The incident occurred on September 10, 2023 when Danelle Lind was attending a wedding at the park. While exiting the women’s restroom after dark she tripped and fell, severely breaking her ankle in a manner that required multiple surgeries. Lind filed a lawsuit against the Town of Afton, alleging the town was negligent because the light outside the bathroom was out, the building was not built to code and the threshold to the bathroom was defective, causing her fall.
During the three-day trial the Town of Afton, through attorney John Bowers, argued that Lind fell because of her own choices and that the town was not negligent, arguing that the restroom building was built to code and the town had no notice that the outside light was out. Bowers also argued that the inside light of the bathroom was functional and provided enough light to sufficiently see, something Lind disputed during the trial.
During closing, Lind’s attorneys asked the jury to return a verdict in favor of the plaintiff for $2,999,400 in damages. After deliberating for just under two hours the 12 person jury returned with a verdict, finding the town was not negligent and awarding nothing to the plaintiff.
“While the Town is relieved by the verdict, we recognize that this case arose from circumstances involving real pain and personal hardship,” said the Town of Afton in a released statement. “The Town extends its sincere sympathy to the plaintiff for the suffering they have experienced. We do not take lightly the impact such situations can have on individuals and families. The Town of Afton remains firmly committed to the health, safety, and welfare of our residents and all who visit our community. We continue to work every day to ensure that our public spaces, services, and policies reflect our values of care, responsibility, and accountability. We look forward to continuing to serve the people of Afton with transparency, integrity, and a focus on continuous improvement.”
Attorney John Bowers thanked the Town of Afton, Administrator Violet Sanderson for representing the town and Mayor Jeff Jenson for attending the trial, the numerous past and present employees who were involved in the trial and the members of the jury. “Our justice system works because of juries and citizens’ willingness to sacrifice their time in jury service,” stated Bowers.
Lind’s legal representation from the Spence Firm did not respond to SVI Media’s requests for comment on the case.
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stupid