Premises Liability - Slip and Fall Injury

Plaintiff, who was 47 years old at the time of the accident, was injured when he slipped and fell on a freshly mopped floor at defendant’s Manhattan nightclub. The accident occurred at 4:15 in the morning, and although the club was closed, there were still patrons at the bar when the club personnel started to clean. Plaintiff sustained a fractured ankle requiring surgery, in addition to a further surgery to remove some of the hardware which became painful. One of the difficulties with the case was that although plaintiff claimed a person from the club witnessed the accident, the person that plaintiff described was deceased, and there was no report or record of the accident taking place. Additionally, plaintiff walked home from the accident location and first went to a doctor a day or two following the accident. Wingate, Russotti, Shapiro & Halperin partner, Bill Hepner, participated in a mediation, which did not result in a settlement. He settled the case a few months prior to trial for $230,000.00.

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