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ARTICLE ID 42279

DEFENDANT''S Slip and fall - Plaintiff allegedly suffered multiple fractures to her shoulder as a result of slipping on a wet floor.

San Bernardino County, California

The plaintiff was a patron at the defendant’’s restaurant. She allegedly slipped and fell on a wet floor when she was leaving the restaurant. The defendant denied negligence and causation. On October 9, ________, the female plaintiff was leaving the defendant’’s restaurant after having had lunch. As she was walking, the plaintiff alleged that she slipped and fell on a wet floor. The plaintiff suffered multiple fractures to her right shoulder. The plaintiff underwent three surgeries to her shoulder. A prosthesis was placed in a second surgery and then removed in a third surgery. The plaintiff left with no humeral head, shortened and severely limited right arm. The plaintiff is right-hand dominant. The plaintiff brought suit alleging that the one of the defendant’’s employees was mopping the floor and caused the dangerous condition which resulted in the plaintiff’’s injuries. The plaintiff maintained that the employee’’s action of mopping the floor during the lunch hour was against the defendant’’s policies and procedures. The defendant maintained that the floor was not mopped immediately prior to the time that the plaintiff fell as she alleged. Further, the defendant contended that the plaintiff had a medical history which caused her to be prone to losing her balance and falling. The defendant maintained that it was due to the plaintiff’’s medical condition and her own negligence that the plaintiff fell and was injured. Following the trial in this matter, the jury found in favor of the defendant and against the plaintiff.

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