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$________ CONFIDENTIAL Premises liability - Trip and fall - Customer trips on missing floor tile and falls in store - Fracture of tibia and fibula - Open reduction.


In this premises liability matter, the plaintiff alleged that the defendant was negligent in failing to replace missing floor tiles, creating a hazardous condition that caused the plaintiff to trip and fall, fracturing her leg in multiple locations. The defendant denied the allegations of negligence.

The 55-year-old female plaintiff was a patron at the defendant’s store. As she turned to go to the register, the heel of her shoe became caught in the floor where tile had been located, causing her to trip and fall. The plaintiff suffered a transverse fracture through the mid-fibular shaft of her right leg; a fracture of the lateral malleolus of her right leg; a transverse fracture through her mid-tibial shaft and an open fracture of her distal tibia. The plaintiff had to undergo open reduction and she was hospitalized for ten days following the incident. Thereafter the plaintiff had to undergo rehabilitation and physical therapy.

The plaintiff brought suit alleging negligence on the part of the defendant store. The plaintiff contended, through her expert, that the defendant was negligent in creating a hazardous condition by failing to replace the missing floor tiles in a timely manner. The plaintiff also contended that the defendant violated state law regarding building codes and safety codes.

The defendant disputed negligence and the nature and extent of the plaintiff’s damages.

The parties agreed to mediate and were able to confidentially resolve the matter for the sum of $________ prior to filing of suit.

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