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ARTICLE ID 195757

$________ GROSS Premises Liability – Trip and fall on curb outside restaurant – Fractured radius – Dislocated ulna – Surgery performed – 80% comparative negligence found.

Lee County, FL

The plaintiff, in this premises liability action, alleged that the defendant restaurant allowed a dangerous condition in the form of a curb between a handicap ramp and weight bench platform. The plaintiff claimed that the curb was a tripping hazard, which caused her to fall. The defendant argued that the curb was painted bright blue and that the plaintiff failed to watch where she was walking.

The fall occurred on January 14, ________, outside the defendant’s restaurant in North Fort Myers, Florida. The plaintiff’s engineer opined that the change in elevation created by the return curb on the defendant’s property was an unreasonably dangerous condition and violated several building code provisions. The plaintiff, age 62 at the time, sustained a fracture of the radius with dislocation of the distal radial ulnar joint as a result of the fall. She underwent open reduction and internal fixation of the radius fracture. Her orthopedic surgeon testified that the plaintiff developed nerve irritation and tendonitis in the hand and wrist as a result of the injuries.

The defendant’s engineer conceded that the return curb presented a “minor trip/fall hazard.” However, this expert opined that the defendant adequately warned of the change in elevation by painting the perimeter of the curb a highly visible blue color.The jury found the defendant 20% negligent, and the plaintiff 80% comparatively negligent. The plaintiff was awarded $________ in damages, reduced to a net award of $________. A $________ off-set for medical bill reductions will further reduce the plaintiff’s recovery. The defendant claims entitlement to costs and attorney fees based on a proposal for settlement in the amount of $________. The plaintiff has filed a post-trial motion for Additur/New Trial on damages, arguing an inadequate verdict.

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