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ARTICLE ID 143292

$________ Products Liability - Alleged defective concrete steps used in mobile home owned by co-defendant - Plaintiff visitor falls and strikes head - Loss of smell and associated reduction in sense of taste - No wage claims.

Ocean County

The plaintiff, approximately 60, contended that the concrete steps manufactured by the defendant were defectively designed and were hollow inside rather than constructed in a more sturdy manner. The plaintiff contended that as a result, the steps became cracked, and failed, causing her foot to go through the step and her falling backwards and striking her head. The plaintiff also named the mobile home owner and the homeowners’ association of the mobile home community as defendants. The plaintiff contended that the cracks had been present for some time and that the homeowner should have replaced the step. The plaintiff further maintained that the mobile home community had actual notice of the condition and should have effectuated repairs.

The defendant homeowner association denied having notice and maintained that the individual homeowners are responsible for maintaining each unit. The defendant manufacturer denied that the steps were defective and contended that the mobile home owner caused the cracks through the manner in which the steps were maintained.

The plaintiff contended that she suffered a left temporal fracture with bleeding into the ear canal and was hospitalized for three days. The plaintiff maintained that the injuries deprived her of the sense of smell. The plaintiffs’s ENT specialist contended that this loss and the associated reduction in taste were supported by the results of clinical testing and that the injuries are permanent in nature.

The case settled prior to trial for $________, including $________ from the manufacturer and $________ each from the mobile home owner and the homeowner association.

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