The plaintiff, a criminal lawyer, slipped and fell at the ground lobby of the Hamilton Courthouse. The parties agreed that there was a small amount of water near one of the wickets from the umbrella of an earlier entrant. The parties had agreed on the quantum of damages. Following a trial on the issues of liability and contributory negligence, Justice Valente dismissed the action, finding that the courthouse cleaning staff had an appropriate cleaning system in place and that the water present was so small that a reasonable system would not have identified it. Even if the defendants were found liable, Justice Valente would have found the plaintiff 30% contributorily negligent for wearing shoes that were worn down on the soles.
