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$________ Premises liability - Fall down - Failure of landlord to adequately inspect and maintain lobby - Plaintiff administrative assistant slips and falls on spilled mushroom gravy in lobby as she is returning from lunch - Partial tear of dominant rotator cuff - Arthroscopic surgery - Lumbar and thoracic herniations - Bilateral chondromalacia patella.

Mercer County, NJ

The 50-year-old plaintiff, an administrative assistant and employee of DYFS that rented office space from the defendant, contended that the defendant negligently failed to provide adequate maintenance. The defendant employed one security guard, who was stationed in the lobby and who was not permitted to leave his desk. The defendant also employed a second guard, whose duties entailed roving the premises. The plaintiff established that during lunch hour, this second guard would station himself near the lunch room to prevent unauthorized individuals from gaining access, and that as a result, he was not available to clean spills. The plaintiff also established that prior the fall, the guard stationed in the lobby had been advised of the spill. The plaintiff maintained that this guard believed that he was forbidden from leaving his desk, and that he had, therefore, called his supervisor on the cell phone and told him about the spill rather than walking 15 to 20 feet to get and place an orange plastic cone over the spill.

The incident occurred before a worker responded. The defendant denied that the guard called the supervisor or that he was forbidden from leaving his desk. The defendant also contended that the plaintiff failed to make adequate observations and was comparatively negligent.

The plaintiff contended that she sustained a partial rotator cuff on the dominant shoulder and underwent arthroscopic surgery. The plaintiff maintained that she will suffer permanent pain and weakness despite the arthroscopic intervention. The plaintiff further maintained that she suffered a thoracic and a lumbar herniation that were confirmed by MRI and which will cause permanent symptoms. These injuries, and alleged bilateral chondromalacia patella, were treated conservatively, and the plaintiff contended that these injuries will cause some pain and difficulties permanently.

The plaintiff missed several months from work.

The case settled prior to jury selection for $________.

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