Facts

On June 26, 2004, the plaintiff, Janet Mahoney, a 52-year-old payroll accounts manager, tripped in a large depression at the foot of the stairs, as she descended stairs from her room to a motel parking lot.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the depression constituted a dangerous condition and was the proximate cause of the plaintiff's injuries.

DEFENDANT'S CONTENTIONS:
The defendant conceded that the depression was a dangerous condition but argued that the plaintiff was comparatively negligent and that not all of her injuries were proximately caused by the incident.

Settlement Discussions

Prior to mediation, the defendant offered $75,000.

Injuries

The plaintiff suffered a broken ankle, rotator cuff tear, both surgically repaired, and knee replacement. The plaintiff would have required future knee replacement even without accident, but there was a dispute as to time frame.

Result

The case settled for $200,000 following half-day court mediation.

Other Information

MEDIATORS: Roy S. Fleischer, Esq.; John P. Cotter, Esq. FILING DATE: June 19, 2006.