Premises Liability
Confidential RECOVERY – Fall Down – Failure to provide adequate maintenance to area of condo parking lot in which drainage was slow, causing ponding of water – Plaintiff slips on ice – Comminuted shoulder fractures.
Monmouth County
The 62-year-old plaintiff contended that her assigned parking spot was in an area of the lot where drainage was slow, causing water to pond in this location. The plaintiff contended that the defendant condominium association should have removed snow and ice from this area of the parking lot with particularly great care. The plaintiff also contended that as a result of the defendant’s failure to do so, she slipped and fell on ice while she was attempting to walk to her car. The plaintiff contended that she slipped and fell on ice that was situated under the freshly fallen snow.
The plaintiff suffered a three-part comminuted fracture of the right proximal humerus that was treated by way of open reduction and fixation with sutures. The plaintiff also suffered a malunion with some joint contracture and impingement syndrome, contending that she will permanently suffer significant pain and restriction.
The defendant contended that snow had begun falling the previous night and the plaintiff fell on snow that was continuing to fall.
The plaintiff, who was a hairdresser earning $15,000 a year, was unable to return to her previous line of work. She contended that she would otherwise have worked for one more year. The case settled prior to trial for Confidential.
Reference
Geraud vs. Worthmore Construction, et al. Docket No. L-4806-01;
2-04.
The Law Office of Miller & Gaudio PC in Red Bank.
