Facts

Plaintiff Arlyn Nicklas, 20, sued defendant Accor Business and Leisure North America after she slipped and fell while visiting a Motel 6 in North Hills.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she slipped and fell onto her left side when she exited a guest room due to a condensation puddle that had formed from a leaking air conditioning unit. She claimed that Motel 6 was negligent in failing to properly maintain the unit.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff could not prove that the unit actually condensed any liquid. It also argued that because the flooring was concrete, it was not dangerous when wet. Furthermore, it claimed that plaintiff exacerbated any injury by failing to attend physical therapy.

Injuries

Plaintiff fractured her left humerus, for which she underwent open reduction and internal fixation surgery. Plaintiff claimed she fell into a depression after the accident that prevented her from maintaining a consistent physical therapy regimen. Consequently, plaintiff developed a frozen shoulder, which required further treatment to break up the scar tissue. Afterwards, she underwent further physical therapy and suffered minimal limitations in movement.

Result

The jury found defendant 80 percent liable and plaintiff 20 percent liable. It calculated plaintiff's damages totaled $451,180. After apportionment, her recovery was $384,920.

Other Information

FILING DATE: Feb. 5, 2013.