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ARTICLE ID 8547

$________ GROSS Negligence - Premises liability - Alleged slip and fall by the plaintiff on water pooled on epoxy floor at vehicle processing center - Comparative negligence by the plaintiff.

New Castle County, Delaware

The plaintiff contended that she slipped and fell as a result of water located on the floor of a vehicle processing plant owned by the defendant. The defendant denied that the incident occurred.

The plaintiff, a 41-year-old automobile mechanic was injured when he slipped and fell on the floor of a vehicle processing plant owned by the defendant. The plaintiff suffered fractured vertebra, multiple herniated discs and was permanently disabled from all work. The plaintiff contended that the defendant was negligent because several years earlier it had removed the non- skid flooring and replaced it with a high gloss epoxy flooring.

The plaintiff contended that the high gloss epoxy disguised the presence of the water and in fact plaintiff alleged made the floor up to three times more slippery when wet due to the gloss finish.

The defendant denied that the incident occurred and maintained that the plaintiff was lying. The defendant maintained that if the plaintiff did injure himself it happened outside of the facility and was not due to any negligence on the part of the defendant.

The trial in this matter lasted eight days and the jury deliberated for two days before returning a verdict of $________ p 7 3 in favor of the plaintiff and against the defendant. The jury awarded the sum of $________ to the plaintiff and $________ to the plaintiff’s wife for loss of society and service. The jury allocated liability at 60% to the defendant and 30% to the plaintiff. This represented one of the first trials in the county to implement the electronic courtroom where jurors had monitors in front of their seat to view exhibits and demonstrative evidence.

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