$________ GROSS Premises liability - Trip and fall on residential interior step - Claimed optical illusion - Elbow fracture with surgery - Knee injury - 50% comparative negligence found - $________ post-trial additur granted.

Miami-Dade County, FL

The plaintiff was a man in his 70s who was visiting the defendant when he tripped and fell on a step leading from the kitchen to the Florida room. The plaintiff claimed that the color of the tile and the light created an optical illusion that prevented him from seeing the step. The plaintiff also alleged that the height of the step violated applicable building codes. The defendant argued that the plaintiff was intoxicated and missed the step, causing the fall.

The fall occurred on the plaintiff’s first visit to the defendant’s home. The plaintiff’s physician testified that the plaintiff suffered an elbow fracture in the fall, including a fracture of the coronoid process, the triangular eminence projecting forward from the upper and front part of the ulna. The plaintiff underwent multiple surgeries to his elbow. In addition, the plaintiff claimed that he sustained a lateral collateral ligament avulsion of the knee stemming from the accident.

The defendant denied that the step was dangerous. The defense contended that the plaintiff failed to watch where he was walking after consuming alcohol. The plaintiff admittedly drank two glasses of red wine during the course of the dinner party, but denied that he was intoxicated.

The jury found the defendant 50% negligent and the plaintiff 50% comparatively negligent. The plaintiff was awarded damages of $________ reduced to a net verdict of $________. The Court subsequently granted an additur in the amount of $________ along with taxable costs. The defendant made no settlement offer prior to trial. The defendant has paid the net judgment.