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$________ REDUCED BY 50% CONTRIBUTORY NEGLIGENCE Plaintiff employee at shopping mall slipped and fell over raised tile in the mall - Area where she fell had been renovated and barricades were recently taken down - Dislocated left elbow.

Kings County

The plaintiff, a 31-year-old female, was employed as an assistant manager at the Gap in the Kings Plaza Mall. The mall was owned and operated by the defendant, Macy’s East Inc. For the eight months the plaintiff had been working at the mall, an area at the center of the mall was being renovated. Barricades had been erected to prevent people from walking in the area of renovation.

On the day of the incident, the barricades had been removed. At 6:30 p.m., the plaintiff left the Gap to go to the Baby Gap store to use their computer. To get there, she traversed the center of the mall which had been renovated. She fell on a tile which was raised 7/8 of an inch above the flooring. The plaintiff sued Macy’s East Inc. and alleged that the tiles had been laid in a negligent manner.

Testifying on the defendant’s behalf, an assistant manager of the Gap claimed that the plaintiff told her after the fall that she had slipped on water. The defense did not produce the mall’s security guard who had witnessed the incident.

The plaintiff dislocated her left elbow. She was treated at the emergency room of a hospital. However, an orthopedic surgeon then reset the arm and put it in a cast. The surgeon unsuccessfully attempted to correct the plaintiff’s Reflex Sympathetic Dystrophy Syndrome. The plaintiff’s arm remains at a right angle and her shoulder is frozen. She claims no movement in her right arm. The plaintiff claimed to be permanently crippled and disabled and unable to work or even cut her own food.

The case was bifurcated. The liability trial lasted three days after which the jury returned a verdict finding the plaintiff and defendant each 50% liable. The damages trial took five days and the jury awarded the plaintiff $________ which was reduced by the 50% plaintiff’s contributory negligence. p 7 3 Plaintiff’s counsel is appealing the verdict on the ground that it is inconsistent with the facts of the case.

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