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ARTICLE ID 189833

$________ Homeowner’s Negligence – Defendant homeowner's porch steps painted with slippery when wet high gloss enamel – Plaintiff employee of exterminator company slips and falls during snowy conditions – Knee fracture – Knee replacement.

Camden County, NJ

The plaintiff, an employee of Terminex Corporation at the time of the accident, contended that when he visited the defendant homeowners to place traps, he slipped and fell on the front porch steps, which he maintained were rendered particularly hazardous because of they were painted with a high gloss enamel, which the plaintiff’s engineer maintained rendered the steps particularly slippery when wet. The weather conditions were such that it had snowed earlier that morning and it was lightly snowing at the time of the subject accident.

The plaintiff related that when he first arrived, he went up the steps in order to knock on the door to let them know that he had arrived and to obtain access to the house. The evidence reflected that no one answered the door and that the plaintiff went back down the steps without incident. The plaintiff related that he then went to his truck to get baits to put around the property and proceeded to place the baits around the property, on the outside. The plaintiff indicated that he returned to the front steps to place a work order in the mailbox and then descended the steps. On his way down the steps, the plaintiff slipped and fell.

The plaintiff related that he walked down the left side of the stairway, with his right hand on the handrail and nothing in his left hand. He was wearing work boots with rubber soles. He recalled that upon stepping down with his right foot, his right foot slid out from under him and he wound up in a sitting position with his left leg out. The plaintiff slipped on approximately the third or fourth tread down from the top of the steps, which had not been shoveled or treated. The defendant denied that the steps were unusually slippery when wet and contended that the plaintiff simply slipped because of the precipitation which was continuing as of the time of the incident.

The plaintiff had a prosthetic knee from a prior knee replacement and maintained that he suffered a knee fracture and required another knee replacement surgery. The plaintiff contended that he will suffer permanent pain and difficulties ambulating. While he was able to work again, he was limited and that as a result of the permanent partial disability; he suffered a diminished earning capacity, as disabled persons experience greater periods of unemployment.The case settled prior to trial for $________.

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