Facts

Plaintiff Jane Doe, 64, went to pick up a pizza. At the time she arrived, there was a heavy drizzle. When she exited the restaurant to return to her car, she slipped and fell on defendant's walkway.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was liable because defendant failed to properly place a mat at the outside entrance of the restaurant and violated safety standards. Plaintiff also claimed that defendant violated its own safety policy regarding mat placement.

DEFENDANT'S CONTENTIONS: Defendant contended that the surface tested safe under wet conditions and the rain was open and obvious to plaintiff and not dangerous.

Settlement Discussions

Plaintiff demanded $895,000.

Specials in Evidence

Meds: $74,000 Loe: $18,000 Future Meds: $20,000

Damages

Plaintiff sought total losses in excess of $127,000.

Injuries

Plaintiff's x-rays of the left ankle revealed an acute nondisplaced fracture of the distal shaft of the left tibia. The doctor performed a left ankle lateral malleolus open reduction and internal fixation. A diagnostic study performed on the same date was positive for deep vein thrombosis at the popliteal, post-tibial and peroneal veins in plaintiff's left leg.

Result

The case settled for $485,000 at mediation.