Facts

Sharon Patterson filed an action against Trattoria Volare Café due to a trip and fall accident.

PLAINTIFF'S CONTENTIONS:
According to plaintiff, on July 5, 2011, she was eating at Trattoria Valore Café and went to the restroom. After getting out of the restroom, she tripped and fell on a step. She claimed defendant was negligent because it did not fix the step and caused a dangerous condition that it did not warn her about. She argued that it was hard to actually see the step because the tiles were placed in the same direction as the floor, which was confusing, that different colored tile or markings should have been used.

DEFENDANT'S CONTENTIONS:
Defendant argued that the step was open and obvious because there were three signs warning customers about the step. Defendant argued that plaintiff brought about her own injuries due to her lack of awareness and claimed that plaintiff sought an excessive amount in damages.

Damages

Plaintiff sought $60,000 in past medical expenses, $21,872.91 in wage loss, and damages for pain and suffering.

Injuries

Plaintiff fractured her humerus, and received internal fixation, open reduction and physical therapy.

Result

The parties reached a settlement amount in to $150,000.

Other Information

FILING DATE: Sept. 7, 2012.