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$________ Premises Liability – Fall Down – Slip and fall on spilled liquid on dance floor – ACL tears – Initial reconstructive surgery with allograft is insufficient – Two additional knee surgeries – Probable future need for knee replacement – No income claims.

Essex County, NJ

The plaintiff, in her mid-40s, contended that she slipped and fell on a clear liquid on the dance floor of the defendant restaurant/tavern while she was present with two cousins. The defendant denied notice of any dangerous condition. The plaintiff countered that the deposition of an employee reflected that the floor has been slippery in the past, and that although they are not supposed to, patrons often bring drinks onto the dance floor.

The defendant contended that it posted signs prohibiting patrons from taking drinks into the area. The plaintiff denied that such signs were posted. The plaintiff also would have presented two witnesses who would have indicated that observed people on dance floor with drinks in hand both on the night in question and on prior occasions.

The plaintiff related that she felt immediate pain in her right knee and was unable to stand on it. She was taken from the scene of the accident by ambulance to the emergency room. The plaintiff then consulted with her orthopedic surgeon for complaints of severe pain, swelling, and “popping sensations” in her right knee. After undergoing diagnostic testing, she was found to have a mid-substance tear of the anterior cruciate ligament, as well as undersurface tearing of the lateral meniscus. The surgeon performed arthroscopic ACL reconstruction with cadaveric allograft tissue.

The plaintiff, who maintained that she remained symptomatic despite PT, contended that when she underwent a follow-up MRI and arthrogram, it was decided that repeat arthroscopy was indicated and the orthopedist performed a partial lateral meniscectomy, as well as a chondroplasty of the medial femoral condyle. The plaintiff also underwent autologous chondrocyte implantation surgery, which entailed a biomedical treatment that repairs damages in articular cartilage and was designed to provide pain relief and reduce the progression of arthritis, delaying the need for knee replacement surgery.

Joint replacement (knee) surgery was performed two months later. The plaintiff maintained that despite this procedure, she will probably require knee replacement surgery in the foreseeable future. The plaintiff also maintained that the because of the need to place all of her weight on the other leg for several weeks, she developed pain and instability in this knee as well. The plaintiff contended that she will be permanently subject to flare-ups of symptoms on this knee.The case settled prior to trial for $________.

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