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DEFENDANT''S Alleged negligent failure of restaurant to clear snow and ice - Fall - Fractured shoulder - Three operations including shoulder replacement surgery.

Monroe County

The plaintiff restaurant patron, in her late 50s, contended that the defendant restaurant failed to adequately clear snow and ice in the several hour period since the snowstorm ended, resulting in her slipping and falling as she stepped off the sidewalk, suffering a fracture to the left shoulder.

The defendant maintained that although it had stopped snowing several hours before the accident, which occurred at approximately noon, heavy wind conditions were prevailing. The defendant testified that attempts to clear the area would be fruitless because snow would immediately blow back onto the area shoveled.

The plaintiff contended that she suffered a fracture to the left shoulder and required three operations, including a shoulder replacement.

The jury found for the defendant.

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