Machado v. Yacht Haven U.S. V.I., LLC

Facts

The Plaintiff, Machado, worked as an employee at a retail store in the Defendant’s, Yacht Haven U.S. V.I., LLC, complex on St. Thomas. On the day of the events in question, the Plaintiff was walking to her car in the parking lot of the complex. The parking lot had three rows of spaces with a median dividing the two rows closest to the storefronts. The median was approximately three feet wide and bounded on each side by a cement curb about eight inches in height. The median also contained trees and shrubbery, and a sprinkler system servicing the greenery. The median did not contain a designated walkway for pedestrians to cross it. The Plaintiff’s car was on the other side of the median and instead of walking around it, the Plaintiff walked over the median as she and others had done before. There were no signs wanting against walking across the median, nor did the Defendant discourage people from walking across the median. While walking over the median, the Plaintiff tripped and fell forward breaking her leg. When she tripped it was dim outside and there was not great lighting around. When her coworker called for help, she used the light from her phone to find the Plaintiff between two cars in the parking lot. The paramedics also had problems seeking in the parking lot when they later arrived, using flashlights while they worked.