Facts

The plaintiff entered into defendant's restaurant through a secondary entrance during daytime hours. As plaintiff took a few steps into the restaurant, he slipped and fell on "friction" powder, which was in the process of being applied by defendant's employee. The plaintiff landed on his back.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the application of the foreign substance on the floor in front of the entrance during business hours created a dangerous condition. The defendant should have placed barriers or warnings around the area on which the foreign substance was being applied.

DEFENDANT'S CONTENTIONS:
The defendant contended that the condition was not dangerous, and was open and obvious. The defendant claimed that plaintiff's injuries were not a consequence of the subject accident.

Specials in Evidence

$70,000 $70,000

Injuries

The plaintiff suffered herniated lumbar disc, which resulted in surgery.

Result

The plaintiff settled for $250,000 at a mediation.

Other Information

FILING DATE: March 11, 2008.