|
|
$350,000 result- cited in The New York Jury Verdict
Reporter
Fall down - Fast Food Restaurant - Food On Vestibule Floor -
Contention Plaintiff Running - Trimalleolar Fracture Requiring
Surgery
SETTLEMENT: Miriam Rodriquez v. Lewis Food, Inc. and Lewis
Foods of Seventh Ave. Inc. 121676/00 Date of Settlement 4/9/02
New York Supreme
Pltf. Atty: Alan M. Greenberg of the Law Offices of Alan M.
Greenberg, Manhattan
Deft. Atty: David Oxamendi of Desimone, Aviles, Shorter &
Oxamendi, Manhattan
This case settled on the day jury selection was to begin for
$350,000.
On 5/27/00 at approximately 12:30AM, plaintiff, a 44-year-old
postal supervisor, slipped and fell while exiting defendant
McDonald's Restaurant on Third Ave. in Manhattan. She claimed
that she slipped on French fries which were strewn on the
vestibule exit floor. Her son, a police officer and a cousin,
who were with her, testified at deposition that they notified
the restaurant security guard 30 minutes before the accident
that French fries were on the floor. Defendants admitted that
French fries were on the floor, but claimed that plaintiff was
running out of the restaurant and the fries spilled from the
container she was carrying.
Injuries: trimalleolar displaced fracture of the right ankle
consisting of a fractured lateral malleolus, posterior tibial
fracture, and deltoid ligament disruption. Plaintiff underwent
open reduction and internal fixation with the insertion of a
plate and screws which remain in the ankle. She has a 4-inch
scar. Plaintiff lost 3 months from work but was paid and all
bills were covered by insurance. Carrier: Crum & Forster.
Pltf. Expert(s): Plaintiff would have called Dr. Gregory Charko,
orth. surg., Union, New Jersey.
Deft. Expert(s): Defendant would have called Dr. Mark Cohen,
orth. surg., Bronxville.
|
