Supreme Court, Dutchess County

In a personal injury action based on premises liability, the plaintiff alleged that she fell and sustained a fractured shoulder and subsequently developed paraplegia as a result of the negligence of the defendants. The plaintiff alleged that the defendant nursing home created a hazardous and dangerous condition by closing the main exit and requiring visitors, such as the elderly plaintiff, to walk a longer distance around the building to get back to their cars. On our summary judgment motion, the court dismissed the plaintiff’s claims related to paraplegia, the defense having proved that the paraplegia was due to a medical condition unrelated to the plaintiff’s fall. The case went to trial on the issue of negligence, as the plaintiff continued to seek damages in connection with the fractured shoulder. Plaintiff’s demand before jury deliberation on negligence: $150,000.