Witness testimony revealed that the business had neglected to place a caution cone on the tiled floor that had recently been mopped. A former employee of the Defendant testified that he had warned his supervisor multiple times previously that the individual who mopped the floor regularly put down an excessive amount of water and neglected to dry the floor. When Plaintiff attempted to walk on the tiled floor, she immediately fell. As a result of her injury, Plaintiff required multiple injections, surgery, a lengthy rehabilitation, lost wages and severe pain and suffering.
After negotiations with the insurance company failed to reach a settlement, a lawsuit was filed. At the close of discovery, the Defendant filed a motion asking that the court dismiss the case arguing that the transparent water was open and obvious. Plaintiff’s counsel countered by stressing that not only was no warning cone present, but there was no other evidence showing that Plaintiff knew or should have known that the floor had just been mopped and was wet. The Court agreed, ordering that Plaintiff had submitted sufficient evidence to support the argument that the slippery floor was not open and obvious.
With trial scheduled for December, the parties agreed to settle the case at mediation for $154,000. Not only will the settlement allow the injured Plaintiff to move forward with her recovery, but will provide significant compensation for the Defendant’s negligent acts and omissions.