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Premises liability - Alleged dangerous sliding glass door - Minor plaintiff walks into closed door - Severe facial lacerations - Reconstructive surgery performed.

Clearfield County

The plaintiff was a minor female, age nine or ten, at the time she walked into a closed sliding glass door at the defendant’s residence and the door shattered. The plaintiff claimed that the door was dangerous in that it contained glass that has been banned since the early ________’s and which should have been replaced with safety glass. The defendant argued that the door was not dangerous and met all applicable building code requirements at the time it was installed in the late 50’s.

The minor plaintiff was visiting the home of the defendant to play with the defendant’s granddaughter. After jumping on an outside trampoline, the girl entered the house through a breezeway and walked into a closed sliding glass door. The door shattered and the minor plaintiff sustained severe facial lacerations, including lacerations to her nose, as well as arm lacerations. She underwent reconstructive facial surgery.

The defendant argued that the door had been in place since ________ and that there had never been any problems with it. The defendant was granted two motions in limine. The first motion precluded evidence from the plaintiff that an identical adjacent door in the defendant’s breezeway had been shattered while the defendant was moving a television set some 10 to 12 years before the plaintiff’s injury. The second motion in limine precluded plaintiff’s evidence that the type of glass used in the door was no longer legal as of ________.

The jury found that the defendant was not negligent. The plaintiff’s post-trial motions are pending, primarily challenging the granting of the defendant’s motions in limine.

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