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Defense Verdict on Causation

On March 4, 2005, in a New York County Supreme Court jury trial, Stuart Bernstein, obtained a defense verdict on behalf of a major supermarket corporation. The plaintiff, a customer in the store, alleged that she fell on an empty display pallet at the end of an aisle. She claimed that as a result of her fall, she tore cartilage in both knees and would require a total knee replacement of the left knee. Although five of the six jurors found our client negligent for allowing a dangerous condition to exist, they unanimously held that plaintiff's injuries were unrelated to her fall, having been caused by a long-standing, degenerative condition.

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