Confidential

Facts

Plaintiff Jane Doe, 94, was exiting Defendant's store when she tripped and fell due to an improperly placed and improperly maintained floor mat.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendants knew of the dangerous condition and understood that it posed a serious risk of harm due to the edges coming off the floor surface. Defendants violated safety standards, codes, and regulations.

DEFENDANT'S CONTENTIONS: Defendant contended that there was no violation of safety standards, codes or regulations and that the mat in question was one of standard use in the industry, had no defects and did not constitute a dangerous condition. Surveillance video of the incident confirmed the reasonable condition of the floor mat. Defendant further contended that the incident occurred because plaintiff, who was elderly, was shuffling her feet.

Settlement Discussions

Plaintiff demanded $650,000.

Specials in Evidence

Meds: $31,304 (Howell)

Injuries

Plaintiff sustained injuries to her left hip, and required hip surgery to repair her hip.

Result

The case settled for $350,000.