Plaintiff’s Slip-and-Fall Award Upheld on Appeal – Fingerhut V. Longwood Station LTD.
This appeal related to a decision of the trial judge which allowed the Plaintiff’s claim for a slip and fall. Mr. Fingerhut fell while crossing a speed bump in a shopping centre parking lot. He fell when he tripped over a gap between the speed bumps which he did not see. The court found that this gap between the speed bumps created a trap and that it fell below the required standard of care necessary in the circumstances.
The court refused to find that the Plaintiff was contributorily negligent for his actions.
The Court of Appeal upheld the trial judge’s decisions, as they were primarily based in fact and they was not an overriding and palpable error.
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