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ARTICLE ID 194910

$________ Premises Liability – Fall down – Trip and fall over clothing rack in department store – Plaintiff loses balance when tripping, reached for the rack , but it moves, resulting in her falling – Hip fracture

Richmond County, NY

This case involved a plaintiff department store shopper who contended that she walked to a clothing rack. According to her, the wheels were not locked, and the base was raised between floor and height of wheels. The plaintiff supported that the the base/bottom area was covered by clothing, and that, as she was looking at the clothing on the rack, her foot got stuck between floor and bottom base. The plaintiff related that, at that moment, she lost balance and grabbed on to the rack, and indicated, however, that the holder had wheels and was unlocked so the piece moved when she fell.

The plaintiff suffered a fractured hip that required surgery. The evidence also reflected that the plaintiff had previously undergone knee replacement surgery. The plaintiff contended that she suffered an aggravation of the knee condition, and that she will suffer pain and difficulties ambulating because of the hip fracture sustained in the subject accident, including permanent aggravation of the knee. The defendant maintained that the hip fracture resolved and denied that the knee condition was aggravated.The case settled prior to trial for $________.

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