In February 2011, a woman from New York initiated an action seeking damages for personal injuries allegedly sustained as a result of a dangerous condition that existed in the parking lot of the Defendant. The Plaintiff subsequently amended her summons and complaint to add a cause of action for loss of services by her husband.
The Plaintiff underwent an Examination before trial. At her deposition, the Plaintiff testified that while she was passing through in the parking lot of a mall, she was caused to trip and fall due to a defective and dangerous condition on a speed bump. The Plaintiff testified that, prior to the accident, she saw a speed bump that was broken and cracked with white paint on it. On the day of the incident, the weather conditions were dry and sunny. At the time of the accident, the Plaintiff testified that she was wearing sneakers which went up to her ankle. As she was attempting to walk over the speed bump, the Plaintiff testified that she tripped on something. She testified that her left foot got stuck, the sneaker came off, and she went “flying”, falling forward. The Plaintiff extended both her arms to break her fall and her body came into contact with the pavement of the parking lot.
After the Plaintiff fell, she testified that she went to a security guard and remained there for approximately 15 minutes. Thereafter, the security guard requested to see where the Plaintiff fell. According to the Plaintiff, when she showed the security guard the spot where she fell, he began kicking gravel into the crack that was located on the speed bump.