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$________ Jones Act negligence Slip and fall on cruise ship Failure to maintain floor Meniscus tear Failure to provide medical care Knee surgery performed 30% comparative negligence found.

Miami-Dade County

The plaintiff was a 28-year-old restaurant stewardess on one of the defendants Norwegian Cruise Line ships when she claimed that she slipped and fell as a result of the defendants failure to maintain the floor in a safe condition. The defendant argued that the plaintiff was negligent in not watching her step and in not seeking medical treatment sooner.

The plaintiff testified that on the date of the accident, she had started work particularly early and had taken the elevator up from deck 0 (the crew quarters) to deck 12 to start setting up the sports bar buffet for breakfast. As the plaintiff exited the elevator on her way to the bar, she stepped in a puddle of water on the floor. The plaintiff contended that there were no signs to indicate that there was water on the floor and no one in sight to clean it up. As the plaintiffs foot hit the water, she slipped and fell on her right knee.

The plaintiffs orthopedic surgeon testified that the plaintiff sustained a torn meniscus as a result of the fall which required arthroscopic knee surgery. The plaintiff also alleged a lack of maintenance and cure, claiming that the defendant failed to provide physical therapy after the plaintiffs knee surgery.

The defendant argued that the plaintiff did not use due caution and did not seek medical attention for four days. The defense also disputed that the plaintiffs knee condition was causally related to the fall.

The jury found the defendant 70% negligent and the plaintiff 30% comparatively negligent. The plaintiff was awarded $________ in damages which were reduced accordingly.

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