Facts

On April 26, 2012, plaintiff slipped and fell as she was descending a set of stairs at a high-end condominium building.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the stairs were not conspicuous and that the lighting condition near and around the stairs was insufficient. The combination of the black marble stairs and dim lighting in that area resulted in a misstep by plaintiff.

Plaintiff located a witness who visited the premises before plaintiff's scene inspection and around the time of the incident who testified that the stairs were very dark. The stairs were within code regarding lighting at the time of plaintiff's scene inspection.

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff's incident did not occur the way she stated. Defendants claimed that the stairs were conspicuous and the lighting was appropriate. Defendants were aware that a misstep could occur in a situation where the steps were not conspicuous and that the consequence would be serious injury if not worse.

Settlement Discussions

Plaintiff demanded $750,000.

Specials in Evidence

$50,785 $15,000

Injuries

Plaintiff was diagnosed with a dislocated ankle and fracture to the distal fibula. Plaintiff had three surgical procedures.

Result

The case settled for $350,000.

Other Information

MEDIATOR: Floyd J. Siegal