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ARTICLE ID 194986

$________ – PREMISES LIABILITY – FALL DOWN – FAILURE TO ADD NON-SKID MATERIAL TO SIDEWALK CEMENT – FRACTURED PATELLA – FOUR KNEE SURGERIES PERFORMED – DAMAGES/CAUSATION ONLY

Palm Beach County, FL

The plaintiff was walking to her Catholic church on September 27, ________, in a light rain, when she slipped and fell on the sidewalk. The plaintiff alleged that the fall was caused by failure of the defendant, Diocese of Palm Beach, to add a non-skid material to the newly constructed cement sidewalk, thereby creating a dangerous, slippery surface when wet. The contractor and subcontracted engineering company were also named as defendants in the case. The engineering subcontractor settled the plaintiff’s claims prior to trial. The remaining defendants stipulated to negligence, and the case proceeded on the issue of damages and causation only.

The plaintiff was a 34-year-old female at the time in question. She testified that her feet slipped out from under her, and she fell forward, striking her knees on the sidewalk. The plaintiff was diagnosed with a patella fracture as a result of the fall. She underwent four knee surgeries, including a partial knee replacement.

The plaintiff’s orthopedic surgeon testified that, because of the plaintiff’s youth, she will need two to three full knee replacements within her lifetime.

The plaintiff also alleged that her knee injury precluded her from continuing her career as an orthodontic assistant at a dental clinic. At the time of trial, the plaintiff was employed at the same dental clinic in a sedentary position at a lower salary. She made no claim for future loss of earnings.

The defense disputed causation of the plaintiff’s knee condition, as well as the extent and nature of her future medical care, including the need for additional knee replacement surgeries.The plaintiff was awarded $________ in damages, and was granted entitlement to attorney fees and costs in an amount to be determined. The case is currently on appeal.

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