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$________ CONFIDENTIAL – Premises Liability – Fall down – Plaintiff patron slipped on hardwood floor and fell – Fracture of right patella.

Withheld County, MA

In this slip and fall matter, the plaintiff alleged that the defendant restaurant was negligent in failing to keep the hardwood floor free of any slippery materials, such as grease. As result, when the plaintiff crossed the floor to get to the restroom, she slipped and fell, breaking her kneecap. The defendant denied any wrongdoing, and maintained that the plaintiff’s own negligence in wearing platform shoes and consuming alcohol were the sole cause of her fall and resulting injuries.

The 57-year-old female plaintiff was a patron at the defendant’s restaurant in October ________. She had dinner and drinks with a friend and had been seated at the bar area of the restaurant. As the plaintiff went across the hardwood floor to reach the restroom, she slipped on a greasy substance on the floor and fell. The plaintiff suffered an injury to her knee. She was diagnosed with an acute, comminuted fracture of her right patella, and had to undergo surgical repair of the fracture. She was out of work for a period of four weeks following the incident. The plaintiff brought suit against the defendant restaurant alleging negligence, opining that the defendant was negligent in failing to keep the floor free of any hazards. The plaintiff and her friend testified that they observed a greasy or wet substance on the floor in the area where the plaintiff fell.

The defendant denied the allegations and disputed the nature and extent of the plaintiff’s injuries and damages. The defendant argued that there was nothing wrong with the floor, and nothing had spilled in the area where the plaintiff fell. The defendant supported that the plaintiff had been consuming alcohol and wearing high, platform shoes, maintaining that the plaintiff’s own negligence were the sole cause of her fall and resulting injuries.The parties agreed to resolve the plaintiff’s claim for the sum of $________ in a confidential settlement.

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