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Exterior steps at office building allegedly slippery because of ice and snow - Plaintiff falls upon leaving office of podiatrist/tenant - Trimalleolar fracture.

Monmouth County

The plaintiff, approximately age 60, contended that the defendant landlord of a small office building in which his podiatrist was a tenant, negligently failed to sufficiently clear ice and snow from the exterior steps. The plaintiff maintained that as a result, he slipped and fell as he was leaving just after nightfall, suffering a trimalleolar fracture.

The plaintiff maintained that the gutter above the steps had been leaking for an extended period and that the defendant was negligent in failing to repair it. The plaintiff contended that the temperature had fallen below freezing one to two hours before the fall, causing the water on the steps to freeze.

The plaintiff underwent an open reduction and internal fixation and contended that he will experience extensive permanent pain and restriction.

The defendant denied that the steps contained ice or snow and maintained that the weather conditions were unrelated to the unwitnessed fall.

The defendant’s weather expert contended that the weather records reflected the absence of any precipitation or lower than freezing temperatures in the past several day period.

The jury found for the defendant

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