Facts

On Aug. 21, 2008, plaintiff Jeannette Turiace, 60, in the course and scope of her employment, slipped and fell upon defendant Christian Flower Network's premises.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the floor was dangerous because defendant's agent applied an improper, slippery compound to the surface of the floor prior to plaintiff's fall. Plaintiff alleged that she could no longer be gainfully employed in the workplace.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was warned about the surface of the floor, the condition was open and obvious, and plaintiff nevertheless walked upon the floor without taking precaution for her own welfare. Defendant disputed the extent of plaintiff's loss of earnings claim.

Specials in Evidence

$150,000 $117,000 $300,000 $30,000 to $50,000

Injuries

Plaintiff sustained a right distal femur fracture which required open reduction and internal fixation. Subsequent surgery was necessary due to non-union of the bone and loose hardware.

Result

The case settled for $550,000.

Other Information

The workers' compensation carrier, Norgard Insurance Company, intervened in the lawsuit and asserted its claim for benefits paid in the amount of approximately $220,000. This claim was settled separately between the intervenor and defendant in the approximate amount of $110,000. FILING DATE: May 1, 2009.