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MARKSTONE v. ALBERT EINSTEIN MED. CTR.

April 3, 1973

Edith MARKSTONE and Herbert S. Markstone, her husband,
v.
ALBERT EINSTEIN MEDICAL CENTER a/k/a and d/b/a Albert Einstein Medical Center, Northern Division


John Morgan Davis, District Judge.


The opinion of the court was delivered by: DAVIS

JOHN MORGAN DAVIS, District Judge.

 On March 14, 1971 the plaintiff, Edith Markstone allegedly fell as she was walking on the defendant's driveway toward its parking lot. Mrs. Markstone was at the hospital along with her husband and two of her uncles, Samuel Weiss and Arthur Weiss, to see a plaque which was made for another uncle, Doctor Benjamin Weiss. The accident occurred at 3:30 P.M. and the weather was clear.

 Mrs. Markstone stated in her deposition which was taken on July 13, 1972 that her left shoe heel had caught in a crack in the macadam. She could not remember the depth of the crack because she was too excited. However, in her deposition, Mrs. Markstone did relay the following information about her accident:

 
Q. When you were walking along with your uncle, Samuel, you said he was on your left?
 
A. No; he was on my right.
 
Q. Immediately ahead of you was your uncle, Arthur; is that correct?
 
A. Yes, I don't know if he was in front of me or my other uncle, but he was in front of us.
 
Q. How far in front of the two of you was he?
 
A. Oh, I would say he was about six or seven feet ahead of me.
 
Q. In what direction were you looking as you were walking along before you fell?
 
A. Looking towards the parking lot, because there were cars coming. I was sort of scanning this whole area.
 
Q. Were you looking down along the way that you were walking at all?
 
A. Well, I don't know exactly how I was looking, but I was looking ahead. I was just sort of watching to see ...

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