Facts

On Feb. 20, 2007, plaintiff Denise Davis slipped on broken glass and perfume while walking in an aisle at a Macy's department store. As a result, she fractured her ankle and brought an action alleging negligence against Macy's West and Kellermeyer Building Services LLC, which was Macy's janitorial service. In addition, plaintiff's husband filed a loss of consortium claim.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants failed to place warnings or barricades in the aisle to notify customers about the broken glass and spilled perfurme.

DEFENDANTS' CONTENTIONS:
Macy's claimed that a Macy's employee warned plaintiff not to walk down the aisle and that its employee notified Kellermeyer about the condition. Further, defendants argued that when a Kellermeyer employee arrived, the janitor left a broom and dust pan as a warning about the broken glass, and then left to get a mop and caution signs.

Settlement Discussions

Plaintiffs demanded $350,000 and the defense offered $80,000.

Damages

Plaintiff sought to recover $37,539 in past medical expenses, $15,000 for possible future surgery, $23,343 in lost earnings, and damages for pain and suffering.

Injuries

Plaintiff suffered and endured a bimalleolar fracture, ankle fracture, displaced fracture, internal fixation, loss of consortium, open reduction, plates, and screws.

Result

The parties reached a settlement amounting to $160,000, under which each defendant paid $80,000.