Ladies and Gentlemen: You will hear the testimony of Anna Hoffman, an 86 year old widow who told us,  "I used to live my life by having faith in The Lord, my church and my mental strength.  I am so sad that things have changed. I sometimes cry at night. I never cried."

Anna always had pride in her grit and determination.  You seniors in the jury will recognize attitude means everything in an older person's life. One must avoid living that downhill slide that comes usually with advanced age. Holding back the tide with pride and a positive attitude makes the quality of life enjoyable through the final years. Lack of confidence and unwillingness to fight every step of the way leaves an unhappy last chapter.

You will hear Anna tell of the panic that ensued when she found herself grabbing at air instead of the handrail that was suddenly not there. Legs pumping, intensifying the impact, Anna continued down, flailing and grabbing at air as she hit hard upon the remaining concrete landing while continuing to roll.

You will be told how the stairway misses the mark in several areas of safety and local building codes. You will be told of another fall here, still remembered. You will be told there was another railing that the skate boarders broke down. You will become certain the church management has not shown any feeling of urgency to remedy this danger in the past, and shows none now. You will agree that the tears of Anna Hoffman were, and are,  completely unnecessary.

You will be told of medical records that show fractures to the back and severe trauma to the neck. The therapist will testify the neck and head trauma is caused from a whiplash. The fractures to the skeletal mass may have the long term effect of becoming a haven for arthritis. Anna suffers headaches, something she never had previously. She is apartment bound with no confidence in venturing out. She sheds tears when she discusses the irresponsibility of her church and what that irresponsibility did to her.

You will hear of extreme negligence by the insured. The pathway from the Senior Citizen Apartment Complex is 200' to the faulty stairway at it's closest point and double that at the furthermost point. Like a Pied Piper it leads seniors to the faulty stairway. The yellow markings are worn and faded and the handrail, likewise. As we speak the shabby work remains, showing total lack of concern on the part of the church and the informed insurer. It is bad enough to have a dangerous stairway, but to lead old folks to it is unconscionable.

We are asking you to determine the dollar value of Anna's damages. Damages for a dramatic change in the quality of the years remaining for Anna. What is the dollar value of The Tears Of Anna Hoffman? Tears caused by her acquired lack of confidence. Tears and sleepless nights believing you are feeling the beginning of arthritis growing in those fractured areas. This fear will go on and on as the possibility will never end.

Fear to mount an escalator or visit a stairway. Nervous as a car passenger or as a pedestrian in a busy mall. Seeing yourself in harms way almost daily. A dispirited lady seeking constant companionship and solace.

This depression and acquired lack of confidence is not the only spoiler to Anna's lifestyle. Her faith has been disturbed. Especially her faith in her former church. A church that allowed this needless damage to visit her in her few remaining years. Needless, yes that is the word, needless.