This was a Southern California case in which plaintiff, a legal secretary, slipped and fell and broke her arm as the result of an overly polished floor in the lobby of her building.
The defense alleged that the floor was not in a dangerous condition and that the accident was the fault of the plaintiff.
The law offices of Winer, McKenna, Burritt & Tillis LLP, retained an expert mechanical engineer who performed a coefficient of friction test on the floor when it was in a condition similar to the day of plaintiff’s fall, which established that the floor was unnecessarily slippery. There was evidence that the building owner had determined that it was more important that the floor was shiny and “impressive” than it be maintained in a safe condition. Further, the law firm found evidence that there were prior complaints about the floor and that management did not take sufficient action to alleviate the dangerous condition.
The defense blamed the plaintiff for her own injuries and claimed the fall was due to her unsafe high heels.
RESULT: Settlement on behalf of plaintiff for $310,000