Verdict: Not Guilty
Date: January 2011
Plaintiff’s Medical: Dr. Roberto E. Levi (Orthopedist)
Plaintiff’s Experts: Craig T. Cernek (Architect)
Defendant’s Experts: Dr. Alvin Kanter (Orthopedist)
Summary: Plaintiff is tenant of an apartment. He claimed that he slipped and fell in his kitchen due to water on the floor from a leaking pipe. He also stated that he had complained repeatedly about the water leak in the months leading to the fall. Plaintiff suffered a fractured hip requiring surgical care. Defendant stated that there were no prior complaints ever regarding water leaks and that he kept the property in good condition. Defense also contended that if the incident occurred as alleged, Plaintiff was more than 50% contributorily negligent for failing to avoid an open and obvious condition.
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Category: Case Results Blog, Fractures, Tears, and Dislocations, Hip Injuries and Replacements, Premises Liability