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ARTICLE ID 195519

$________ GROSS Premises liability – Fall down – Dangerous wooden dock at condominium complex – Fall through dock – Fractured humerus and shoulder – Back and leg injuries – 10% comparative negligence found.

Miami-Dade County, FL

The plaintiff brought this action against the defendant condominium association and general contractor after she fell through a dock at the defendant’s condominium complex. The plaintiff alleged that the defendants created a dangerous condition and failed to warn that the dock was under repair, resulting in her injuries. The defendants supported that the fall was caused by the plaintiff’s own negligence and the negligence of the unit owners, whom the plaintiff was visiting. The (uninsured) unit owners were dismissed as direct defendants, but were listed on the verdict form as Fabre defendants.

The plaintiff was a 75-year-old female who was walking on a wooden dock owned by the defendant condominium association and under repair by the defendant general contractor. The plaintiff alleged that the defendants created a dangerous unsecured opening in the dock through which she fell. The plaintiff also claimed that the defendants failed to provide adequate warnings and safeguards against the dangerous condition.

The plaintiff claimed a fractured humerus, rotator cuff tear, and frozen shoulder, limiting the use of her dominant right arm. She also alleged injuries to her back and leg.

The defendants argued that the condition of the dock was open and obvious, and that the plaintiff failed to use appropriate caution. The defense also contended that the unit owners had a responsibility to advise the plaintiff to stay off the dock, which was under repair.After a five-day trial, the jury found the defendant condominium association 15% negligent, the co-defendant general contractor 25% negligent, the Fabre defendants 50% negligent, and the plaintiff 10% comparatively negligent. The plaintiff was awarded $________ in total damages, to be reduced accordingly. The net judgment against the condominium association is $________. The defendant condominium association served a proposal for settlement in the amount of $________, and claims entitlement to attorney fees and costs. The plaintiff’s motion for new trial/additur is currently pending.

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