Failure to place steps at convenient area between strip mall parking lot and mall roadway – Fractured ankle – Defendant contends plaintiff ignored walkway and cut across grassy area.
The female plaintiff in her mid-50’s contended that the only stairway present at the defendant’s mall was a very significant distance away from the store where she exited and that individuals often used the grassy area to cross down to the parking lot. The plaintiff contended that the defendant strip mall owner should have placed a centrally located walkway and stairway with a hand rail. The plaintiff maintained that as a result, she slipped while walking down the grass suffering a fractured ankle.
The defendant contended that a stairway was located only 30 feet away and that the plaintiff negligently failed to use it. The plaintiff contended that she lost her footing and fell, suffering a trimalleolar fracture which required an open reduction and internal fixation. The plaintiff’s orthopedist had determined that the plaintiff made a good recovery and would suffer minor limitation of motion only. The case settled prior to trial for $50,000.