Ocean County, NJ
Failure to place sign delineating entrance to restaurant -Plaintiff walks into darkened area and falls 5 steps to wine cellar – Lis Franc fracture
The plaintiff in her late 30s contended that the defendant restaurant’s door that actually led to the wine cellar was not marked and that because of the absence of warning signs, she believed that she was stepping into the restaurant itself. The plaintiff maintained that some five steps were immediately beyond the entrance and that as she walked into the darkened area, she fell down the flight of stairs. The plaintiff maintained that the defendant subsequently advised her that this door is supposed to be locked at all times.
The defendant contended that the plaintiff was comparatively negligent in mistaking the darkened area for the restaurant entrance and continuing to enter once she realized that the area was dark.
The plaintiff maintained that she suffered a Lis Franc fracture to the foot and required an open reduction and the insertion of three screws. The evidence disclosed that the plaintiff suffered a complication in which one of the nails broke and the hardware remains inside of her foot, creating additional pain. The plaintiff has not yet agreed to additional surgery which she has been advised by her second orthopedist is available to remove the hardware.