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$________ Premises Liability – Hazardous Premises – Waiter drops a plate of food onto plaintiff’s table causing the plate to shatter sending glass shards into the plaintiff’s eyes – Failure to use the proper degree of care and caution – Damaged corneas – Visual impairment – Damages only.

Mercer County, NJ

In this premises liability action, the plaintiff maintained that the defendant restaurant was responsible for the negligent acts of one its waiters who dropped a plate of food on the plaintiff’s table causing the plate to shatter and injure the plaintiff. The defendant denied being negligent.

On June 24, ________, the male plaintiff was a business invitee of the defendant restaurant located in Lawrenceville, New Jersey. While sitting at a table with a friend, their water arrived at their table with plates of food. Once at the table, the defendant’s waiter dropped one of the ceramic plates onto the table and the plate shattered. Shards of ceramic went into the plaintiff’s eyes causing severe and permanent injury.

The plaintiff maintained that the defendant restaurant negligently failed to properly supervise and train its staff in appropriate food delivery, negligently delivered food to the plaintiff and failed to use the proper degree of care and caution. As a result of the incident, the plaintiff suffered injury to both corneas requiring surgery. The plaintiff has been left with permanent significant vision loss in both eyes. The defendants denied being negligent and argued that the incident was an accident in the absence of negligence.The judge in this case granted the plaintiff’s Motion for Summary Judgment as to the defendants’ liability only, and the case went to trial on the issue of damages. The jury awarded the plaintiff $________ in pain and suffering and $________ in past medical expenses.

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