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Slip and Fall – Cartner V. Burlington (City) and Crystal Shoes

A case in which the Plaintiff, was injured as a result of a slip and fall. She slipped on a muddy concrete slurry substance that had pooled on the sidewalk just outside the store known as Crystal Shoes. As a result of the fall, she suffered a severe fracture of her right femur. Both defendants were found liable. Crystal Shoes was found liable in negligence to the Plaintiff because they owed a duty of ca5e to prevent injury to those using the sidewalk from substances emanating from his property.

The City was found liable since it failed to keep the sidewalk in a reasonable state of repair and since that failure was a cause of the accident and the damages sustained by the Plaintiff.

The Judge awarded the Plaintiff (represented by Hooper Law) $120,000 for pain and suffering, $171,000 for loss of past and future earnings capacity. The Judge awarded the Plaintiff’s husband $20,000 for loss of care, guidance and companionship.

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Kimberly A. Jossul, B.Sc. (Hons), LL.B.

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Robert Hooper, B.A., LL.B.

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