Plaintiff found comparatively at fault

Michael Radak successfully defended a local grocery chain. Plaintiff was a 60 year old female that struck her foot on an electrical box at defendant’s grocery store. She claimed she suffered a questionable fracture in her foot and subsequently treated conservatively. She incurred $4,000 in medical bills, but claimed lost wages in excess of $400,000 as a result of no longer being able to work as a church organist. Defense was based on the suspect nature of her injuries, as well as the notion that the electrical box was an open and obvious condition. Parties agreed to binding arbitration with Ret. Judge Stuart Nudelman. Plaintiff requested $600,000 at the closing of the arbitration. The Arbitrator entered an award in the amount of $18,624.00 in favor of the Plaintiff, with a finding of 15% comparative fault, for a net award to Plaintiff of $15,830.40.