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ARTICLE ID 161490

$________ Premises liability - Negligent failure of landlord to adequately clear ice and snow - Plaintiff garden apartment tenant slips and falls on black ice - Fracture to dominant elbow - Difficulties prevent 79-year-old divorced woman from continuing independent lifestyle.

Union County, NJ

The plaintiff, then a 79-year-old tenant, contended that the defendant landlord negligently failed to properly clear ice and snow after a storm. The plaintiff contended that as a result, several days later she slipped and fell on black ice, suffering a compound fracture to the right, dominant elbow that required an elbow replacement.

The plaintiff’s engineer maintained that the defendant failed to comply with provisions of both the local building code and the Multiple Dwelling Law relating to snow and ice removal. The defendant maintained that the plaintiff failed to make proper observations and was comparatively negligent. The plaintiff countered that black ice was very difficult to see. The plaintiff’s engineer concurred and the plaintiff also pointed to the deposition of a defense maintenance employee who indicated that such ice is difficult to observe. The defendant’s orthopedist, who indicated that the plaintiff made a good recovery, indicated that the plaintiff will permanently suffer pain and restriction of use.

The plaintiff’s orthopedic surgeon maintained that although the plaintiff made a relatively good recovery, she will permanently suffer significant pain and loss of use of the arm. The plaintiff had been divorced for many years and her children lived out of state. The plaintiff contended that she had been a very independent person, greatly enjoyed golf and also worked as a realtor. The plaintiff contended that she can no longer engage in these activities. The plaintiff made no income claims.

The jury found the defendant ________% negligent and awarded $________ for pain and suffering and $________ in unreimbursed medical costs. The defendant’s pre-trial offer was $________.

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