ARTICLE ID 32088
$________ - SLIP AND FALL ON SPILLED FOOD AT WEDDING RECEPTION - FALL OCCURS AFTER CLEAN-UP EFFORTS - FRACTURE TO DOMINANT WRIST - TRAUMATIC ARTHRITIS.
Essex County
In this action, the 45-year-old female plaintiff wedding guest
contended that the defendant caterer cleaned spilled scungelli in
a negligent manner, resulting in the plaintiff slipping and
falling on the dance floor. The plaintiff maintained that she
instinctively thrust her hands out to break her fall and suffered
a fractured dominant wrist. The plaintiff contended that
adhesions developed in the tendons and cartilage and that several
years after the accident occurred, traumatic arthritis was
detected. The plaintiff maintained that she faces the choice of
undergoing a wrist fusion and losing mobility or living with
severe pain.
The evidence disclosed that after the cocktail hour was over and
as the trays were being removed, a tray containing a significant
amount of scungelli and calamari with olive oil fell onto the
carpet near the dance floor. The plaintiff maintained that
although the defendants workers had cleaned it up, they failed
to do so in a thorough manner. One of the guests who had a video
camera, had taped a portion of the cleaning process which
depicted three workers cleaning up the food and using a dust pan.
The plaintiff argued that a slow motion showing of the tape
reflected some foreign substance on the carpet near the dance
floor. The defendant denied that the videotape showed the
complete cleaning process and that additional cleaning was done
after the tape ceased.
The plaintiff contended that although three workers were
involved, there was an extensive amount of food and that they
failed to adequately remove it. The plaintiff contended that the
food splattered upon the adjacent dance floor upon the initial
spill or it had been carried on a guests shoe to the dance floor
4-5 feet away. The plaintiff also contended that after the
defendant had finished cleaning and before the fall occurred, the
grooms mother had complained of residual food on the adjacent
carpet. The defendant contended that the grooms mother stood by
the area for several minutes as it was being cleaned at this
time. The evidence disclosed that the plaintiff fell
approximately 30 minutes thereafter and during the first medley
of fast songs played and the defendant maintained that it was
clear that the food had been removed. The plaintiff maintained
that she observed an unidentifiable oily type food substance on
her shoe after the fall.
The defendant contended that the area was properly cleaned and
denied that it caused the fall. The defendants assistant manager
indicated during cross-examination that he could recall not
recall if there were any further complaints after either the
initial clean up or after the fall occurred. The plaintiff
countered on the issue of credibility only that after the fall
occurred, he was advised by the bride to clean up again to
prevent another fall from occurring because residual food
remained. The defendant did not recall receiving such later
complaint.
The defendants also produced the bride and grooms professional
videotape which showed the dance floor prior to the introduction
of the bride, groom and wedding party, along with the guests on
their feet surrounding the dance floor. This tape was taken after
the spill and before the fall. The defendant contended that the
tape did not show any substance on the floor. The plaintiff
countered that either the tape did not depict the food because it
was not a close up close up of the floor, or did not depict the
substance because it was carried to the nearby carpet on a
guests shoe after this tape had been taken.
The plaintiffs orthopedist maintained that the plaintiff
suffered a wrist fracture on the dominant left hand. The
orthopedist related that the fracture was casted. The plaintiff
contended that the severe pain and restriction of motion
increased over the next six month period and that the hand became
cold to the touch. The plaintiff contended that some 6-7
physicians could not ascertain the cause and that ultimately, the
plaintiff underwent same day surgery in which adhesions were
noted in the tendons. The plaintiff maintained that although
adhesions were removed, the pain and restriction continued to
increase. The plaintiff underwent a second same day procedure
several months later and the plaintiff contended that adhesions
had formed on cartilage as well and that traumatic arthritis was
detected. The plaintiffs orthopedist maintained that the severe
pain will continue to increase and that the plaintiff will
ultimately be required to chose whether she will undergo the
fusion or live with the severe pain.
The evidence disclosed that the plaintiff was a hairdresser. When
her son, age 17 at the time of the accident, who was her only
child, had been born, she commenced working only two per day week
for some years, stopped for ten years and resumed a two day per
week schedule approximately four years before the accident. The
plaintiff maintained that she had always planned on returning
full time once her son graduated. The plaintiff contended that
she will be permanently precluded from continuing this career.
The plaintiffs vocational expert maintained that she could have
earned approximately $________ per year gross. The plaintiff
testified that she could have earned between $________ and $________ per
week net. The expert contended that as a practical matter, the
plaintiff will be permanently able to function in a competitive
job market. The defendants expert maintained that there were a
number of jobs the plaintiff could perform. The plaintiff
countered that she had made several attempts at employment,
including working as a dental receptionist. The plaintiff
contended that when the dentist desired to increase her duties to
work with some chemicals, she could not do so and was required to
leave the job. The plaintiff also contended that she had sought
the retraining help from the of state and that such retraining
was not successful to date.
The jury found the defendant ________% negligent and awarded $________,
including $________ for pain and suffering, $________ for lost
wages and $________ to the husband on his per quod claim. The
defendant will file post-trial motions.
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