Confidential
Settlement – $40,000Facts
On January 9, 1995 at 7:00 p.m., Plaintiff, a 39-year-old self-employed business owner, entered Defendant premises, a video store. It had been raining earlier in the daytime. When she entered through the door, she stepped onto a mat; she went through a turnstile and stepped onto another mat. Unbeknownst to her, the first mat was wet and the second mat was soaking wet. She walked onto the ceramic tile floor and immediately slipped and fell. The second (soaking wet) mat was usually kept outside the store, in front of the entrance/exit doors; around 5:00 p.m., a store employee noticed that the outside mat was wet and decided to bring it inside, lay it on the ceramic tile floor, and allow it to dry. The "acting manager" testified that, when she entered, she noticed the mat and used extra caution not to step on it; she did not remove the mat or take any remedial measures.
Settlement Discussions
Plaintiff contends she demanded $75,000 and Defendant offered $25,000.
Specials in Evidence
$4,358 not claimed
Injuries
Hairline fracture of the ankle requiring three months in a soft cast; low-back strain and sprain requiring chiropractic care.
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