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ARTICLE ID 195966

– Premises Liability – Fall down – Plaintiff slipped on wet tennis court due to leaking roof – Broken ankle.

Norfolk County, MA

In this premises liability matter, the plaintiff club patron alleged that the defendant health club was negligent in failing to keep the indoor tennis court free from water leaking from a defective roof. As a result of the water accumulating on the court, the plaintiff slipped and fell, suffering a fractured ankle that required surgery. The defendant denied the plaintiff’s version of the incident, and maintained that the plaintiff failed to advise of any additional water after the court was dried by the defendant’s staff.

The female plaintiff was playing tennis at one of the defendant’s indoor tennis courts on June 1, ________. The plaintiff maintained that the roof leaked rainwater onto the tennis court, and asked for the court to be dried and relied upon the defendant’s employees’ representations that they had dried the court when she began playing and slipped on water that had accumulated on the court surface. The plaintiff suffered an injury to her ankle, and was diagnosed with a fracture to her ankle that required the plaintiff to undergo two surgeries for the insertion and removal of six pins and a rod. The plaintiff brought suit against the defendant alleging negligence.

The defendant health club denied the allegations and disputed the plaintiff’s version of the incident. The defendant maintained that the court was in acceptable playing condition, and had been dried by its employees. The defendant contended that the plaintiff failed to complain about the condition of the court or report any water on the court and therefore the defendant was not liable. The defendant also disputed the nature and extent of the plaintiff’s injuries and damages.

The matter proceeded to trial.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the defendant. No damages were awarded to the plaintiff.

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