Trial Court Grants Defendant’s Motion in Slip and Fall Case
Plaintiff sought damages stemming from a slip and fall in defendant’s store. According to the plaintiff, the isle he was on was completely covered in water which case him to fall backward. He attempted to break his fall with his left arm which he claimed caused a torn rotator cuff. He also claimed bulging discs in the cervical and thoracic spine. He incurred medical bills. The plaintiff’s counsel deposed plaintiff’s shoulder surgeon who testified the rotator cuff injury was caused by the slip and fall. The judge heard oral argument on defendant’s motion to exclude causation testimony of plaintiff’s treating physician. The MD admitted he relied solely on the plaintiff’s statement that he injured his shoulder in the fall. He had no knowledge of the nature of the fall or a possible mechanism of injury. The defendant argued the doctor’s causation testimony was equivalent to allowing the plaintiff to testify on causation. The trial court granted the defendant’s motion and the plaintiff immediately dismissed his complaint.