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ARTICLE ID 38136

$________ Trip and fall on dangerous curb in amusement park - Inadequate lighting - Lack of appropriate crowd control - Failure to maintain grass - Ankle fracture with surgery.

Philadelphia County

The plaintiff alleged that she was attending a concert in the defendant’s Hershey Park when she tripped and fell as a result of a dangerous curb. The plaintiff alleged that a number of factors led to the fall including the dangerous condition of the curb, long grass, inadequate lighting and a lack of crowd control for the concert. The defendant denied that there was a dangerous condition on the premises.

The plaintiff, a female in her mid-30s, testified that she attended a concert in the defendant’s park and was walking to her car when she tripped and fell over a curb. The plaintiff alleged that she could not see the curb due to the crowd of people around her and long grass which concealed it. The plaintiff’s engineer testified that the curb was dangerous in that it was constructed of the same road macadam as the road surface.

The plaintiff’s orthopedic surgeon testified that the plaintiff sustained a trimalleolar ankle fracture as a result of the accident. She underwent open reduction and internal fixation of the fracture. The orthopedic hardware remains in the plaintiff’s ankle and her doctor opined that she will have ongoing problems stemming from the injury.

The defendant argued that the curb was not dangerous and that its security personnel had no duty to escort patrons to their cars.

The defendant’s orthopedic surgeon opined that the plaintiff made a good recovery from the ankle fracture.

The jury found that both the defendant and the plaintiff were negligent, but found that the plaintiff’s negligence was not a substantial factor in causing her injury. The plaintiff was awarded $________ against the defendant which included $________ to the plaintiff’s husband for his loss of consortium claim. The case is currently on appeal regarding a venue issue. The defendant maintains that it is not a proper defendant in Philadelphia County.

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