Premises Liability – Trip and Fall – $ 349,374 Jury Verdict

Sixty seven year old female tripped and fell on an uneven sidewalk. She sustained a fractured hip necessitating surgery consisting of an open reduction and internal fixation. She also suffered a right knee injury and rotator cuff tear resulting in arthroscopic surgery to her right shoulder. During her rehabilitation, her husband who was terminally ill with cancer, passed away, causing her further mental anguish because she could not properly care for her husband during his final days. The defendants argued that the condition of the sidewalk was open and obvious and that Plaintiff should have seen it. The defendant also argued that some of Plaintiffs injuries were pre-existing and offered $25,000.00 prior to trial. The jury disagreed, awarding Plaintiff 100% of her damages.