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Defense Award at Binding Arbitration in Premises Liability Action

June 25, 2014

Joseph M. Toddy and team received a defense award on behalf of their client, a regional supermarket chain, in this premises liability action.  The plaintiff originally demanded over $300,000 to settle the case.  The plaintiff tripped and fell over a display that was situated by the exit of the store.  The plaintiff alleged that he sustained a concussion, post-concussion syndrome, double vision, headaches and injury to his shoulder, spine and hip as a result of the trip and fall. The plaintiff alleged that the supermarket was negligent in placing a display by the exit of the store.  The Zarwin team successfully argued that there was no defect present at the store and that the plaintiff’s own negligence caused the accident.  The arbitrator found that there was no negligence on the part of the supermarket.

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