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ARTICLE ID 1043

Slip and fall on hotel stairs - Ankle fracture - Open reduction - Internal fixation.

Orange County

The plaintiff contended that she slipped and fell as a result of a piece of clear plastic being present on the stairs of the defendant amusement park’s hotel. The defendant denied that there was a dangerous condition on the stairs and argued, alternatively, that if there was plastic present on the stairs, it had no notice of the condition.

The plaintiff testified that she was walking on the grand staircase of the defendant Walt Disney World’s Grand Floridian Hotel when she slipped on a piece of clear plastic that was present on the carpeted stairs. The plaintiff contended that the handrail of the stairs was decorated with garlands for Christmas preventing her from grabbing the handrail to stop her fall. The plaintiff fell down several steps, according to her testimony.

The plaintiff’s orthopedic surgeon testified that the plaintiff sustained an ankle fracture in the fall which required open reduction and internal fixation. The plaintiff underwent a second surgery to remove the orthopedic hardware. Her physician opined that she has been left with a permanent ankle impairment. The plaintiff was in her 40s at the time of injury.

Employees of the defendant testified that they inspected the stairs following the plaintiff’s fall and did not see plastic nor any other foreign object in the area. The defense contended that, if the plaintiff’s fall was caused by plastic on the stairs, it had no notice of the condition and there was no evidence as to how long the plastic had been there.

The jury found no negligence on the part of the defendant which was a legal cause of injury to the plaintiff. The defendant filed a proposal for settlement in the amount of $________ and has moved for attorney fees and costs.

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