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DEFENDANT’S Premises Liability – Trip and Fall – Plaintiff trips on uneven and raised pieces of asphalt in defendant’s parking lot – Failure to properly maintain premises – Multiple fracture of right arm – Left arm fracture requiring surgery

Philadelphia County, PA

In this premise liability action, the plaintiff maintained that she suffered two broken arms when she tripped and fell in the defendant’s parking lot. The plaintiff argued that the defendant failed to properly maintain the premises. The defendant denied that the property was not properly maintained, and argued that it was the actions of the plaintiff that caused the incident.

On April 28, ________, the female plaintiff parked and exited her vehicle in defendants’ parking lot next to the entrance of Fisher’s Tudor House Restaurant. As the plaintiff was walking toward the restaurant, and was in the immediate proximity of the entrance to the restaurant, suddenly and without warning, she was caused to trip and fall on the surface of the parking lot, which was poorly lit and marked by raised patches of asphalt, uneven surfaces, elevations, irregularities, obstructions, and depressions, thus, causing plaintiff to fall to the ground. The plaintiff maintained that the defendant was negligent in failing to properly maintain in a safe condition the parking lot next to the entrance to defendants’ restaurant, failing to provide appropriate and safe ingress to and egress from the entrance to defendants’ restaurant, and failing to adequately illuminate the parking lot. As a result of the fall, the plaintiff suffered right radial head fracture, right coronoid fracture, right olecranon fracture, and left radial head fracture, which required open reduction surgical procedures necessitating internal fixation and insertion of pins, screws, and a titanium plate (the latter in the right arm) and application of external braces for both arms. The defendant denied all liability and injury, and argued that the actions of the plaintiff caused or contributed to the incident.The jury found in favor of the defendant.

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