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$________ GROSS REDUCED BY 50% COMPARATIVE NEGLIGENCE Failure of Hotel/Casino to provide adequate security - Plaintiff assaulted on public sidewalk abutting casino as she is walking towards private parking garage - Fractured hip.

Atlantic County, New Jersey

The female plaintiff, age 49 at the time, who was an off-duty employee of the defendant hotel/casino, contended that the defendant failed to provide any guards or surveillance cameras in the area of the public sidewalk abutting the defendant’s premises. The plaintiff contended that as she began walking from the hotel to her car at a private garage a block away at approximately 1:30 A.M., she was accosted, her purse was stolen and she was thrown to the ground.

The plaintiff introduced evidence of ________ significant crimes within a three block area which had occurred over the previous 13 month period and maintained that it was clear that security was necessary. The plaintiff contended that she suffered a fractured hip which required an open reduction and internal fixation. The plaintiff contended that she will suffer permanent pain and is at risk for future arthritis. The plaintiff missed four months from work.

The defendant denied that it had a duty to provide guards or surveillance cameras in areas beyond its premises. The plaintiff countered that this position should not be accepted and the Court instructed the jury that the defendant had the duty to provide reasonably safe access to and from its premises, including the abutting sidewalks. The defendant further denied that the incident occurred on the portion of the sidewalk which abutted its premises and contended that the area where the plaintiff was found was some ________ feet away from the hotel entrance and beyond the border of its property. The plaintiff countered that she was initially accosted within 20 feet of the entrance and had attempted to flee, accounting for the incident ending some ________ feet away.

The defendant contended that the plaintiff was provided the p 7 3 option of using a free employee parking lot located some distance away and that a free shuttle bus was provided for those employees who used this lot. The defendant contended that in view of the plaintiff’s proofs of a high crime area, it was clear that the plaintiff was negligent in not availing herself of this service when she left in the early morning hours. The plaintiff countered that the employer’s free parking lot was a 10-15 minute shuttle drive away and maintained that she acted reasonably in opting to park within walking distance of her place of employment.

The jury found each party 50% negligent and rendered a gross award of $________.

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