Facts

Esther Zaidman and Aaron Zaidman sued ABM Industries Inc. in connection with a slip and fall incident that allegedly occurred on May 17, 2013.

PLAINTIFFS' CONTENTIONS:
Esther was in her classroom when she slipped and fell on a wet spot on the floor that had recently been mopped by defendant's janitor. The janitor allegedly failed to place any warning signs on the floor.

DEFENDANT'S CONTENTIONS:
Plaintiff allegedly told the janitor to leave the door open so that she could retrieve her purse. The janitor did as instructed after finishing mopping the floor. Normally, the janitor would have closed and locked the door, which would have been a sufficient barricade to prevent the accident. Nevertheless, plaintiff had constructive notice of the wet floor per her request. As such, plaintiff should have known the dangers of walking on floors that had just been mopped.

Damages

Esther Zaidman requested $2.5 million. Defense denied all liability and argued that the plaintiff should get zero.

Injuries

Plaintiff has Osteogenesis Imperfecta (Brittle Bone Disease). She fell on the right side of her body, fracturing multiple bones, including her scapula, elbow and hip (pushing the head of the femur through the acetabulum into the abdomen). She underwent multiple surgeries to repair her fractured bones and faced future surgical repairs.

Result

The jury found ABM's janitor 100 percent at fault and awarded Zaidman $1.03 million in total damages, consisting of $130,000 in past medical expenses, $250,000 in future medical expenses, $250,000 in past non-economic damages, and $400,000 in future non-economic damages.

Other Information

FILING DATE: Feb. 4, 2014.