Dangerous and Unsafe Condition at Restaurant/Dance Club

WRSH Partner, Frank J. Lombardo, settled this matter at mediation prior to jury selection and commencement of trial. The case was handled through discovery by WRSH partner William Hepner. Plaintiff, 56 years old, was a patron of the defendant restaurant/dance club and slipped and fell on spilled food and a wet substance on the dance floor. It was alleged that the food and wet substance fell from a bus boy's tray which created a slippery condition. The plaintiff and other patrons witnessed the condition, and testified at depositions that the restaurant failed to remedy the dangerous and unsafe condition that existed for a significant time period. Defendant alleged that plaintiff was aware of the condition for a sufficient amount of time and could have avoided the condition.

With respect to the damages, the plaintiff sustained a closed reduction impacted fracture of the left wrist distal radius; arthroscopic surgery to her left shoulder for a tear of the superior glenoid; aggravation and exacerbation of preexisting disc degeneration and desiccation requiring cervical fusion surgery at C2-3 and C3-4; aggravation exacerbation of preexisting disc degeneration and desiccation requiring L4-5, L5-S1 transforaminal interbody fusion.

Defendant argued that plaintiff was being treated for the pre-existing cervical and lumbar injuries for approximately two years up to just prior to the accident and that she had two prior law suits.

Frank Lombardo settled the matter for $850,000.00.

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