Premises Liability
MAN ON CRUTCHES SLIPS, FALLS ON RESTAURANT FLOOR: FAILURE TO PLACE WARNING SIGNS: FRACTURES.
Daniels v. Steamplant Fam. Rest., Ill., Boone Co. Cir., No. 06-L-39, Oct. 19, 2007.
Daniels, 45, suffers from a congenital condition that makes him more susceptible to respiratory failure, fractures, severe curvature of the spine, and unstable knees, among other conditions. As a result, he has used crutches for his entire adult life. Daniels was exiting a restaurant when his crutches slid sideways on the ceramic floor, which was allegedly wet, and he fell forward. He suffered two comminuted fractures of his right humerus bone, which required open reduction surgery. Since the incident, Daniels has used a wheelchair because it is too painful to walk on crutches. He claimed about $70,800 in medical expenses. Daniels, who owns his own gas and oil supply company, made no claim for lost income.
Daniels and his wife sued the restaurant, alleging failure to place warning signs on a wet floor.
Defendant contended that the area where Daniels fell had not been mopped.
A jury awarded plaintiffs $1.08 million, paid by defendant’s insurer, including $75,000 to Daniel’s wife.
