Pizza shop patron falls on ice outside, breaks ankle

On Feb. 14, 2020, the plaintiff was picking up her take-out order at the defendant pizza shop in Gloucester. As she walked through the parking lot to her car, she slipped and fell on a patch of ice, fracturing her left ankle and the shaft of her left fibula.

A bystander called 911, and the Gloucester Fire and Police departments responded. The responding police officer noted that he observed the plaintiff “on the ground next to a large patch of ice in the parking lot” and that it appeared that the plaintiff “did not notice the ice and slipped causing her to fall and injure her ankle.”

The plaintiff was taken by ambulance to Addison Gilbert Hospital, where she was diagnosed with a closed fracture of the left ankle and closed displaced comminuted fracture of the shaft of the left fibula. She underwent surgical intervention followed by extensive physical therapy.

The plaintiff completed her treatment in August 2020 but is left with a scar at the surgical location.

Action: Slip, trip and fall
Injuries alleged: Closed fracture of left ankle, closed displaced fracture of shaft of left fibula
Case name: Rose v. Maria’s Pizza, LLC, et al.
Court/case no.: Withheld
Jury and/or judge: N/A (settled)
Special damages: $18,891.56 (medical bills)
Demand: $250,000
Highest offer: $102,000, plus medical payments
Amount: $111,740.39
Date: May 18, 2021
Attorney: Joseph M. Orlando Jr. of   Orlando & Associates, Gloucester (for the plaintiff)