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ARTICLE ID 42845

$________ Negligent marking of stairs to delineate from landing - Improper lighting of stairs - The plaintiff falls as she proceeded from landing to stairs suffering navicular fracture.

Riverside County, California

This was a premises liability matter in which the plaintiff alleged that she tripped and fell while she was proceeding from a landing onto stairs at the defendant hotel. The plaintiff alleged that the landing and stairs were not clearly lit and delineated from each other. The defendant denied any liability.

The female plaintiff was a guest at the defendant, Hyatt Grand Champion’s Resort in Indian Wells, California on June 14, ________. She was a resident of the State of New Jersey. The plaintiff was at the hotel for a work-related conference for Pfizer, Inc. As she was proceeding from a landing the plaintiff fell on several stairs which she claimed were not properly marked and/or illuminated. The plaintiff suffered a navicular fracture which required casting.

The plaintiff brought suit against the defendant alleging that the stairs were not properly marked with feature strips to alert patrons to the change between the landing and the stairs. The plaintiff alleged that the carpeting on the stairs was the same as the carpeting on the landing, creating a visual hazard. The plaintiff also alleged that the defendant performed remedial repairs on the stairs and landing after the incident.

The defendant denied liability, causation and damages. The defendant argued that the plaintiff would not need any further medical care and that a vast majority of the medical care provided to her was not necessary, reasonable or related to her injuries. The defendant also argued that the stairs were open and obvious and that there had not been any prior injuries.

The plaintiff filed a worker’s compensation claim in the State of New York that resulted in a total worker’s compensation payout and lien of $________. The majority of the worker’s compensation claim were for lost wages and disability.

The case was mediated on September 29, ________. Thereafter a mandatory settlement conference was held and no settlement was reached between the parties. Prior to the trial date of November 7, ________ the parties agreed to settle the matter for the sum of $________. The worker’s compensation carrier reduced its lien from $________ to $________ and it agreed to claim no credit as to any potential future worker’s compensation payouts.

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