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ARTICLE ID 21652

- PRODUCTS LIABILITY - ALLEGED DEFECTIVE SHOES SOLD BY BRADLEES STORE - INSUFFICIENT TRACTION ALLEGEDLY CAUSES SLIP AND FALL AT BANQUET HALL - PREMISES OWNER SETTLES PRIOR TO TRIAL.

Union County

This was a products liability action arising out of a slip and fall accident which occurred at the Wayne Manor involving the female plaintiff, in her 40’s, who was attending a function in the banquet hall. The plaintiff contended that she slipped and fell because of defective shoes which she had purchased at the defendant Bradlees. The plaintiff’s expert engineer testified that the shoes were defective in that they provided insufficient traction and because the heel was improperly positioned. The defendant attempted to discredit the plaintiff’s credibility by pointing to inconsistencies in various statements given by the plaintiff regarding the accident. The defendant pointed to her statement recorded in the hospital records in which she indicated that she fell because of something that was on the stairs of Wayne Manor. In addition, during the pre-trial discovery phase, the plaintiff stated that there was a greasy substance on the stairs where she fell. The plaintiff sustained herniated cervical and lumbar discs as a result of the fall requiring several hospitalizations and surgeries. The plaintiff claimed permanent impairment to the neck and back as testified to by her expert orthopedic surgeon. The plaintiff made a claim for past lost wages only. The plaintiff settled with the premises owner, Wayne Manor, prior to trial. David Lipke and Margaret Lipke vs.

The Stop and Shop Companies, et als. Docket no. L-________-85; Judge A. Donald McKenzie, 3-29-88. Attorney for plaintiff: Ronald F.

Esposito; Attorney for defendant: Raymond Kramkowski. Plaintiff’s expert engineer: Seymour Bodner from Livingston, N.J.

TORT CLAIMS ACT

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