Plaintiff, a 32-year-old woman, was visiting an Amusement Park with her daughter. While plaintiff was walking towards an attraction at the park, she was caused to trip and fall due to a broken and cracked portion of the sidewalk. As a result of the accident, plaintiff sustained injuries to her back, left shoulder and left knee.
Plaintiff sued the owner of the Amusement Park alleging defendant was negligent in failing to maintain its premises and pathways in a reasonably safe condition. Defendants claimed that the alleged defective condition was trivial in nature, and could not have caused the plaintiff to trip and fall. Additionally, defendants claimed that they did not have actual or constructive notice of the defective condition and they did not cause the defective condition. Following the accident, the plaintiff was treated at the scene by the amusement park EMS staff workers, and subsequently, sought medical treatment from private physicians.
Plaintiff received conservative treatment and eventually underwent surgery to her back, left shoulder and left knee. Plaintiff claimed that she continued to suffer from severe pain in her back, shoulder and knee and that she will require future medical care, including orthopedic visits, physical therapy and pain management procedures.
Defendant’s claimed plaintiff made an excellent recovery from her injuries and she does not require any future medical care. Defendant also claimed plaintiff’s back injury Judd Kleeger settled this case prior to trial at a mediation conference for $3,000,000.
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