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Verdicts & Settlements: Premises Liability

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Failure to secure floor tile

May 21, 2020

When Jacqulyn Mendoza-Rodriguez went from her apartment into the hallway of her building, she slipped on a piece of loose flooring tile, which caused her fall and suffer a fractured right ankle. The 27-year-old mother of four underwent open reduction and internal fixation surgery and a second procedure to remove surgical hardware. Her medical expenses totaled over $46,900.

She sued the property owner, alleging its employees had failed to secure the tile after performing tile repair work on the floor. Suit did not claim lost income.

The defense denied it was aware of the condition and asserted that the plaintiff had lived in the building for several years and had walked across the area many times since the tile was replaced.

The parties settled for $640,000.

Citation: Mendoza-Rodriguez v. Mt. Prospect Holdings, No. ESX-L-4303-17 (N.J. Super. Ct. Essex Cty. Feb. 1, 2020).

Plaintiff counsel: Michael J. Hanus, Middletown, N.J.

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