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ARTICLE ID 193901

$________ GROSS – Premises liability – Slip and fall in supermarket – Claimed knee injury – Total knee replacement performed - 70% comparative negligence found.

Osceola County, FL

The plaintiff was a 62-year-old customer in the defendant’s supermarket when she slipped and fell. The plaintiff claimed that the fall was caused by the defendant’s failure to properly maintain its store and freezer, leading to a water leak. The defendant denied negligence and disputed the injuries which the plaintiff claimed resulted from the fall.

The incident occurred on December 12, ________ at the defendant’s supermarket in Kissimmee, Florida. The plaintiff alleged that she fell on a mat saturated with water, because of a freezer leak. The plaintiff claimed that the fall caused a knee injury, which necessitated a total knee replacement.The defense argued that plaintiff did not provide any evidence that the defendant had constructive notice concerning a defect with the rug or the presence of water on the floor. The defense argued that the plaintiff testified that she did not know the source of the water, and she never saw a puddle or leaking freezer. In addition, the plaintiff wore slipppers into the store, and walked with a limp at the time of the incident, which the defense contended contributed to her fall. The defendant’s orthopedic surgeon testified that the plaintiff’s total knee replacement surgery was related to her preexisting osteoarthritis, and that she should have had only a temporary exacerbation from the subject accident.The jury found the defendant 30% negligent, and the plaintiff 70% comparatively negligent. The plaintiff was awarded $________ in damages, reduced to a net award of $________. The jury declined to award future damages to the plaintiff. The defendant filed a proposal for settlement in the amount of $________. The plaintiff’s proposal for settlement was in the amount of $________.The parties reached a post-verdict agreement, wherein the plaintiff would not appeal or enter a judgment against the defendant, and all parties would pay their own fees and costs.

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