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On January 12, 2001 at approximately 12:30 a.m. the plaintiff was walking on the sidewalk along Springfield Avenue in Irvington, New Jersey, in front of a local record store. The sidewalk was completely covered with snow and ice, although the owners of the store had apparently shoveled out a small area directly in front of the door of the establishment. While walking along the uncleared portion of the sidewalk, the plaintiff slipped on ice and fell to the ground. Mr. Rizika was able to secure statements from two witnesses who confirmed the facts surrounding the accident. Additionally, records from the National Climatic Data Center confirmed that it had snowed in varying amounts during a four-day period prior to the accident, and the temperature throughout all this time was mostly below the freezing point. The plaintiff was taken to Irvington General Hospital where x-rays revealed a bi-malleolar fracture of the medial and posterior malleolus, accompanied by widening of the medial ankle mortis. Initially, the plaintiff's fracture was treated with closed reduction. Nevertheless, when swelling of her right ankle continued and eventually spread to her foot, she sought follow-up care. X-rays taken in late May 2001 revealed a nonunion of the medial malleolus fracture. Following this, the plaintiff was admitted to Hackensack University Medical Center, Hackensack, New Jersey, for internal fixation of the fracture nonunion. Screws were placed permanently in the plaintiff's ankle during this procedure.
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