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ARTICLE ID 38079

Alleged inadequate lighting at country club - Plaintiff unable to return from outside patio - Trip and fall while climbing stone wall - Hip fracture - Compression fracture of lumbar vertebra.

Delaware County

The plaintiff claimed that she exited a sliding door onto the defendant country club’s patio and the door was negligently locked behind her by the defendant’s employees. The plaintiff claimed that she was forced to climb a stone wall and fell from the wall due to inadequate lighting. The defendant denied that the plaintiff exited the building through the door alleged and maintained that the accident was caused by the plaintiff’s own negligence in attempting to climb the wall.

The plaintiff was 77 at the time of the fall. She testified that she could not reenter the building through the sliding glass door which she exited onto the patio and attempted to climb a wall to regain entrance to the building. There was a flower bed in the middle of the wall. The plaintiff testified that she tripped in the flower bed due to inadequate lighting and fell.

The plaintiff sustained a hip fracture and compression fracture of the fifth lumbar vertebra as a result of the fall. She p 7 3 underwent surgical fixation of the hip.

The defendant argued that the plaintiff exited through the center door of the patio and should have returned through that door, which was open. The defense contended that the plaintiff caused her own injuries by attempting to scale the wall.

The jury found that the defendant was not negligent.

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