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ARTICLE ID 193461

$________ GROSS Premises liability – Alleged trip and fall on asphalt ramp – Ankle fracture with surgery – 25% comparative negligence found.

Hillsborough County, FL

The plaintiff alleged that she tripped and fell on a commercial asphalt ramp which was the same color as the parking lot, and lacked adequate lighting. The defendants in the case included the owner of the property, as well as the commercial tenant. The defendants denied that the ramp was dangerous, or that it was the cause of the plaintiff’s fall.

The plaintiff claimed that the asphalt ramp in question lacked any identifying features, such as yellow paint or hatching, and that the lighting for the ramp was inadequate. As a consequence of the fall, the plaintiff sustained a fractured ankle which required surgery. She claimed $________ in past medical expenses, and approximately $________ in lost wages.

The plaintiff further alleged that she would not be able to work in the future as a nurse, due to her physical limitations. The plaintiff’s counsel asked the jury to return a total damage award of $________.

The defendants argued that the ramp met all building code requirements, and was not dangerous nor defective. The defense contended that the plaintiff’s fall resulted from her own negligence. The defense also argued that the plaintiff had made a good recovery from her ankle fracture.After a week-long trial and a deliberation of almost four hours, the jury found the defendant property owner 75% negligent; the defendant tenant 5% negligent, and the plaintiff 25% comparatively negligent. The plaintiff was awarded gross damages of $________, reduced accordingly. The damage award was significantly less than the defendant’s pre-trial settlement offer. The jury declined to award the plaintiff damages for future medical expenses or loss of future earning capacity. Post-trial motions are currently pending.

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