CA Q 27. Does the result of the Garratt decision mean that the plaintiff is now entitled to recover the eleven thousand dollars in damages that she sustained as a result of her injuries from this fall?

NOT NECESSARILY. In the next to the last paragraph of the edited version of the Garratt opinion, the court stated that: “[w]hile a finding that Brian had no such knowledge [i.e., knowledge to a substantial certainty that the plaintiff who was about to sit in the place where the chair had been would make a harmful (or at least offensive) contact with the ground if the chair was removed] can be inferred from the findings made [by the trial judge; see CA Q 15., supra], we believe that before the plaintiff’s action in such a case should be dismissed there should be no question but that the trial court had passed upon that [specific] issue.Emphasis supplied.
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