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ARTICLE ID 185405

DEFENDANT’S Premises Liability – Fall Down – Alleged failure to maintain shopping mall – Slip and fall on banana – Meniscus tear – Arthroscopic knee surgery performed.

Miami-Dade County, FL

The plaintiff alleged that she was walking in the Dolphin mall in Miami, owned by the defendant corporation and maintained by the defendant cleaning company, when she slipped and fell as a result of a banana on the floor. The defendants denied that the plaintiff was caused to fall by a banana or any other foreign substance on the floor.

The plaintiff was a female, approximately 40 years old at the time of the fall on June 9, ________. She testified that she was attending a concert at the defendant’s mall with her daughters when she slipped and fell to her knees. The plaintiff contended that the banana which caused her fall appeared smashed, as if it had been on the floor for some time. One of the plaintiff’s daughters testified that she also observed the smashed banana on the floor after her mother’s fall.

The plaintiff’s orthopedic surgeon testified that the plaintiff sustained bilateral knee injuries in the fall, necessitating right arthroscopic knee surgery which was performed some two years post-accident.

The defendant called mall security and maintenance employees who testified that they arrived immediately after the plaintiff’s fall and did not see a banana or other foreign substance on the floor. The defendant argued that photographs, taken shortly after the fall, depicted a clean and dry floor.

The defense also argued that the plaintiff initially complained of left knee pain, yet underwent arthroscopic surgery to her right knee two years later. The defendant’s orthopedic surgeon opined that the plaintiff’s knee condition was degenerative and not causally related to the subject fall.The jury found no negligence on the part of the defendants which was a legal case of injury to the plaintiff. The plaintiff has filed a post-trial motion for new trial. The defendant has moved for attorney fees and costs based on a proposal for settlement.

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