Facts

In September 2004, plaintiff June Thomas was placing groceries into her vehicle in a parking lot of defendant Albertson's Fragomeni Properties. She suddenly stepped into a two inch sink hole. As a result, plaintiff collapsed and fell to the ground. Plaintiff filed a premises liability action against defendant.

PLAINTIFF'S CONTENTIONS:
Defendant was negligent because it did not adquately maintain the parking lot.

DEFENDANT'S CONTENTIONS:
Defendant contested liability and the claimed damages, as it did not know of any similar accidents in the parking lot.

Specials in Evidence

Plaintiff sought $10,720.

Injuries

Plaintiff twisted her ankles. She also sustained a radial head fracture to her elbow, which required replacement surgery. Further, plaintiff suffered weakness and numbness in her arm.

Result

The parties reached a $165,000 settlement.