Personal Injury Trial Report - Premises Liability

NATURE OF CASE:

Premises liability; foreign substance; grapes

INJURIES ALLEGED:

Fractured hip.

NAME OF CASE:

Withheld.

AMOUNT OF SETTLEMENT

$137,500.00

ATTORNEYS FOR PLAINTIFFS:

Eric J. Parker, Susan M. Bourque PARKER | SCHEER, Boston, Massachusetts

ATTORNEY FOR DEFENDANTS:

Withheld.  

OTHER USEFUL INFORMATION:

On August 15, 1999, the plaintiff entered the defendant's grocery store to purchase produce. While walking toward the check out area, the plaintiff's foot made contact with several "crushed" grapes on the floor, causing her to fall to the ground. While lying on the floor, the plaintiff also observed that the floor surrounding the crushed grapes had become extremely slick due to other crushed grapes. The plaintiff also observed the absence of any mat or other slip-resistant protection in the area.

The store manager assisted the plaintiff to a chair and called for an ambulance. The plaintiff experienced severe pain in her left hip, and after the emergency medical personnel stabilized the plaintiff, she was transported to Whidden Memorial Hospital for medical treatment.

The following day, the plaintiff underwent a total replacement of her left hip.

The defense argued that there was insufficient evidence to prove reasonable notice as to the existence of the grapes. The plaintiff countered that the sheer proximity of the grapes to the grocery's check-out area provided ample opportunity by the defendant for examination of the floor well in advance of the plaintiff's fall. The plaintiff further argued that the manner in which the grapes were displayed, played a significant role in the accumulation of the grapes on the floor.

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