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ARTICLE ID 188952

$________ GROSS Premises Liability – Fall Down – Slip and fall in mop water at Dunkin’ Donuts store – Hip fracture – 25% comparative negligence found.

Palm Beach County, FL

The plaintiff alleged that she was walking in the defendant’s Dunkin’ Donuts store when she slipped and fell as a result of mop water on the floor. The plaintiff claimed that the defendant’s employee negligently mopped behind her and failed to warn of the dangerous condition. The defendant argued that warning signs were posted and that the plaintiff was comparatively negligent.

The plaintiff, age 55 at the time, alleged that she was at the defendant’s check-out counter when one of the defendant’s mopped the floor behind her. The plaintiff claimed that there were no warning signs in the area and that she slipped and fell as a result of the slippery mop water on the floor.

The plaintiff was diagnosed with a hip fracture as a result of the fall. The defendant contended that a “Wet Floor” sign was posted in the area of the floor-moping activity. In addition, the defense alleged that the plaintiff spilled a drink and, most likely, slipped as a result of the liquid from her spilled drink.The jury found the defendant 75% negligent and the plaintiff 25% comparatively negligent. The plaintiff was awarded $________ in damages reduced to a net award of $________. The award included $________ in past loss of earnings; $________ in past medical expenses; $________ for future medical expenses; $________ in past pain and suffering and $________ in future pain and suffering.

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