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ARTICLE ID 187776

$________ Premises Liability – Negligent Maintenance – Defendant condominium association effectuates repair on internal roadway in a negligent manner – Water pools in portion of approximate four by four foot repair and plaintiff resident slips and falls on ice, suffering ankle fracture v Open reduction internal fixation – No income claims.

Middlesex County, NJ

The female plaintiff, age in her late 50s, a resident in the defendant condominium association’s complex, contended that she slipped and fell on ice in the defendant’s roadway. The plaintiff contended that the defendant negligently performed repairs on the roadway in an uneven fashion. The plaintiff’s expert engineer maintained that because the area of repair was not level, a portion of the area becoming depressed. The plaintiff, who had walked to the premises of her adult child, who also resided in the complex, contended that as she was at her child’s home, the temperature fell below freezing and water which had pooled froze, creating the hazard and that she slipped and fell upon attempting to walk back home after dark.

The plaintiff would have also pointed out that no sidewalks were present, that she had no choice, but to walk in the roadway and the plaintiff would have also contended that the area was not well lit. The defendant denied that it could be liable for a failure to attend to ice or snow and moved for summary judgment. The plaintiff countered that the hazard stemmed from the negligent nature of the repair and not from a failure to timely deal with weather conditions. The court denied the defendant’s summary judgment motion.

The plaintiff suffered an ankle fracture and required an open reduction and internal fixation. The plaintiff contended that she will suffer permanent pain and difficulties ambulating. The plaintiff made no income claims. The case settled prior to trial for $________.

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