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ARTICLE ID 157533
Premises liability - Alleged negligent failure of country club to barricade stairway temporarily not in use or to provide better lighting - Elderly plaintiff falls down flight of steps after entering clubhouse following 18 holes of golf - Soft tissue cervical injuries - Fractures to both hands.
Morris County, NJ
The 93-year-old plaintiff contended that after playing
18 holes, he walked into the clubhouse, mistakenly believed that
he was walking into the restaurant and did not realize that he
was stepping into a staircase until he reached it and fell some
15 steps. The plaintiff contended that because of the contrast
between the sunny weather and much darker clubhouse is heightened
when golfers first enter the clubhouse after completing a round
of golf, the lighting should have been better. The plaintiff also
maintained that in view of the fact that the area at the bottom
of the stairway was closed because of construction, there was no
need for the stairway at the time, and that the area should have
been barricaded.
The defendant denied that the area was unreasonably dangerous.
The defendant established that the incident occurred immediately
upon the plaintiff walking into the clubhouse and before his eyes
became adjusted to the change in lighting. The defendant
maintained that the sole cause of the incident was the failure of
the plaintiff to show greater care when entering an area in which
he found it difficult to see.
The plaintiff maintained that he suffered a fractured thumb on
one hand a fracture to the fourth metacarpal on the other hand.
The plaintiff maintained that the recuperation period from these
injuries, and the soft tissue cervical injuries, were painful and
difficult.
The jury found that the defendant was not negligent.
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