Facts

Plaintiff originally claimed to have suffered injuries when she tripped and fell at the defendant's restaurant on Dec. 13, 2015. Based on her deposition testimony, plaintiff did not actually see any holes or divots in the floor prior to her fall but produced a photograph of a "divot" at the property which she stated caused the fall. Plaintiff testified that after she had fallen and while still sitting on the floor awaiting an ambulance, she and an employee were discussing what may have caused her to fall. At that point, the employee pointed out a bracelet on the floor and suggested that plaintiff may have slipped on the bracelet.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged the flooring of the restaurant was dangerous and defective.
Plaintiff initially claimed that she tripped on a small divot at the restaurant. After viewing the security footage of the incident plaintiff claimed she slipped on a toy bracelet seen after the incident.

DEFENDANT'S CONTENTIONS: In discovery and deposition, plaintiff testified that she tripped on a divot in the vinyl flooring of the property and produced a photograph of the alleged defect. Defendant was able to establish based upon the security footage and photographs of the property that the "divot" was 10 feet from where she fell. At trial, plaintiff attempted to claim that she slipped on a bracelet only seen after the incident. Plaintiff ultimately admitted that she was speculating about slipping on the bracelet.

Settlement Discussions

Plaintiff demanded $1 million. Defendant offered $5,000 at an MSC and increased the offer to $15,000 on the first day of trial.

Specials in Evidence

Meds: $16,000 Loe: $53,292 Future Meds: $35,000

Injuries

Plaintiff suffered a fracture to her left knee, which resulted in an open reduction internal fixation, and injuries to her back and shoulders. Plaintiff alleged medical expenses at approximately $15,841. Plaintiff claimed she was unable to work as a result of the injury and continued to have issues with pain and difficulty walking.

Result

Nonsuit on opening statement

Length

Four days