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$________ CONFIDENTIAL – Premises Liability – Fall down – Plaintiff nurse slipped and fell on wet stairs – Spiral fracture – Limp – Surgery required.

Withheld County, MA

In this premises liability action, the plaintiff alleged that the defendant, janitorial service, was negligent in creating a dangerous condition when it failed to mark the wet area. The plaintiff slipped and fell on the wet stairs and fractured her ankle. The plaintiff had to undergo surgery and now has a permanent limp. The defendant denied liability, and disputed the nature and extent of the plaintiff’s injuries and damages.

The 61-year-old female plaintiff – a registered nurse – was walking down a flight of stairs following a meeting. As the plaintiff descended the stairs, she slipped and fell, and noticed water on the stairs. She felt immediate pain in her left ankle and was taken for treatment. The plaintiff was diagnosed with a spiral fracture to her ankle, and underwent three surgeries to repair her injury. She has significant scarring on her lower leg and walks with a noticeable limp. She is still experiencing pain and was diagnosed with complex regional pain syndrome. She cannot return to her job as a nurse due to her inability to stand or walk any distance without pain. The plaintiff brought suit against the defendant janitorial service, alleging that it was negligent in violating its own policies for marking wet floors and making sure that the stairs were dry before moving from the stair area. The plaintiff alleged that the defendant was negligent in creating a dangerous condition on the stairs. The nursing home where the plaintiff worked stated through its administrator that the defendant’s employees had not been careful in the months prior to the plaintiff’s fall, as excessive water was located on the floors, and others had slipped on wet, unmarked floors.

The defendant denied the allegations, although its representative testified that it was unacceptable to leave the floors with standing pools of water. The defendant also disputed the nature and extent of the plaintiff’s injuries and damages. The defendant argued that the plaintiff was comparatively negligent in failing to watch and avoid any water that had pooled on the floors or stairs.The matter was mediated one week prior to the trial date, and was resolved for a confidential settlement of $________.

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