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DEFENDANT’S Premises Liability – Raised panel on county sidewalk – Trip and fall - Femur fracture – Open reduction – Internal fixation.

Seminole County, FL

The plaintiff was a 63-year-old retired female who fell while walking on a sidewalk maintained by the defendant, Seminole County. The plaintiff alleged that the sidewalk was uneven and the defendant negligently failed to maintain it in a safe condition. The defendant argued that it had no notice of the sidewalk condition, and that the plaintiff’s fall was caused by her own inattentiveness.

The fall occurred on a Saturday, August 21, ________, on a sidewalk adjacent to Premier Drive in Casselberry, Florida. The plaintiff alleged that one of the sidewalk panels had raised approximately two-inches and caused her to trip and fall. The plaintiff was diagnosed with a fracture of the left femur as a result of the fall. She underwent surgery involving the placement of an orthopedic rod for stability. The plaintiff claimed approximately $________ in past medical expenses.

The defendant argued that the plaintiff lived five houses away from the site of the fall and was aware of the condition of the sidewalk. The plaintiff was walking a neighbor’s dog at the time of the fall, and the defense argued that there was nothing obstructing her view of the sidewalk.

The defense also maintained that the plaintiff had made a good recovery from her leg fracture and returned to her normal activities without physical limitations.The jury found no negligence on the part of the defendant, which was a legal cause of injury to the plaintiff. The defendant claims entitlement to attorney fees based on a proposal for settlement in the amount of $________.

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