D'AMICO, J.S.C.
Plaintiff Louis Diodato alleges that on September 26, 1993, he slipped and fell in the bathroom of the Roy Rogers Restaurant owned and operated by defendant Colts Town Trails. Over the objection of plaintiff's attorney, this case was assigned for a trial as to liability only. The attorneys selected a jury and delivered opening statements, but the judge was unable to continue with the trial. The matter was therefore assigned to this court.
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