Facts

On April 22, 2006, at approximately 8:30 p.m., plaintiff Joan Shailes, a tourist from Canada, fell down after tripping on a crack that was part of a pathway as she was leaving doe restaurant.

PLAINTIFF'S CONTENTIONS:
Shailes claimed the pathway was not properly maintained. She asserted that even though the restaurant's manager was told to repair the crack by the regional manager four days prior to the incident, no action was taken to prevent the path or to protect customers.

DEFENDANT'S CONTENTIONS:
The restaurant claimed comparative fault on the part of Shailes in that she should have observed the defect and avoided it accordingly. Shailes claimed her vision was blocked by people walking ahead of her.

Settlement Discussions

A demand of $1,250,00 0 was made and an offer of $25,000 was returned.

Damages

Shailes claimed entitlement to $58,000 for past medical expenses and $200,000 for future medical expenses.

Injuries

The plaintiff claimed that she fractured the right wrist and hip, which needed open reduction and internal fixation and required a ten day hospital stay. The plaintiff's right hip eventually developed avascular necrosis, and she required hip replacement surgery.

Result

One day before the start of trial, a settlement was reached amounting to $740,000.