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ARTICLE ID 1043
Slip and fall on hotel stairs - Ankle fracture - Open reduction - Internal fixation.
Orange County
The plaintiff contended that she slipped and fell as a result of
a piece of clear plastic being present on the stairs of the
defendant amusement parks hotel. The defendant denied that there
was a dangerous condition on the stairs and argued,
alternatively, that if there was plastic present on the stairs,
it had no notice of the condition.
The plaintiff testified that she was walking on the grand
staircase of the defendant Walt Disney Worlds Grand Floridian
Hotel when she slipped on a piece of clear plastic that was
present on the carpeted stairs. The plaintiff contended that the
handrail of the stairs was decorated with garlands for Christmas
preventing her from grabbing the handrail to stop her fall. The
plaintiff fell down several steps, according to her testimony.
The plaintiffs orthopedic surgeon testified that the plaintiff
sustained an ankle fracture in the fall which required open
reduction and internal fixation. The plaintiff underwent a second
surgery to remove the orthopedic hardware. Her physician opined
that she has been left with a permanent ankle impairment. The
plaintiff was in her 40s at the time of injury.
Employees of the defendant testified that they inspected the
stairs following the plaintiffs fall and did not see plastic nor
any other foreign object in the area. The defense contended that,
if the plaintiffs fall was caused by plastic on the stairs, it
had no notice of the condition and there was no evidence as to
how long the plastic had been there.
The jury found no negligence on the part of the defendant which
was a legal cause of injury to the plaintiff. The defendant filed
a proposal for settlement in the amount of $________ and has moved
for attorney fees and costs.
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