Slip and Fall

Plaintiff slipped and fell  in the women’s locker room at the manufacturing plant where she worked. Plaintiff who was 49 years old at the time of her fall, suffered a complex fracture of her left ankle that required three surgeries prior to trial. Plaintiff’s special damages prior to trial totaled $192,672. Plaintiff disclosed experts to include an orthopedist and podiatrist specializing in foot and ankle injuries to opine that future ankle surgeries would be required in the form of an ankle fusion and/or replacement given.  Plaintiffs identified a third-party contractor (OP by Sun Cross, LLC) responsible for the cleaning services at the manufacturing plant to provide an avenue of recovery beyond workers compensation. Plaintiff alleged an employee of the Defendant mopped the locker room floor shortly before Plaintiff entered the locker room which doubled as a restroom. Defendant denied having mopped the floor immediately prior to Plaintiff entering the lockroom and thus denied the existence of any moisture or danagerous condition within the restroom. Defendant contended, to the extent moisture existed on the floor, it was not sufficient to create a dangerous condition, was not the result of any conduct of the Defendant, and was otherwise warned of by the placement of caution wet floor signs at the entrance of the restroom. Plaintiff discovered a similar restroom fall that occurred in the mens restroom/locker room days before Plaintiff’s fall, which resulted in contemplated changes in procedure by the defendant pursuant to instructions from the manufacturing plant.