Premises Liability – Recent Recoveries

43-year-old woman was involved in an altercation at a local tavern.  Our client was accompanying a friend to the bar and got involved in an oral exchange, which led to a physical altercation when defendant struck plaintiff in the face, all without warning.  After the initial blow to the facial area, our client then fell to the ground and continued to be battered by the defendant.  The defendant was intoxicated from alcohol sold at the above said bar.  Dram shop liability was also present in this case.  The EMS report indicated that she had dried blood near her nostrils, a swollen upper lip and a deformed right ankle.  The injuries were noted in the ER record to be as a result of being punched by a woman, falling and being beaten by the same woman while on the ground.  The ER doctor diagnosed tenderness and edema of her right ankle and a minor head injury.  X-rays showed a displaced, angulated and mostly oblique fracture fibular metaphysis with greater than one shaft’s width lateral displacement of distal fragment and subluxation/dislocation of the tibiotalar joint with marked disruption of the ankle mortise.  He diagnosed her with a right ankle fracture.  After reduction of her fractured ankle, subsequent x-rays revealed reduction of the tibiotalar joint with persistent widening of the ankle mortise, both medially and laterally, and a large oblique fracture at the distal fibular metaphysis with mild lateral displacement.  An orthopedic specialist later diagnosed a right ankle lateral malleous fracture and recommended surgical fixation and prescribed Vicodin for pain.  The doctor performed an ORIF of her right ankle lateral malleous fracture with a seven hole Synthes one-third tubular plate with one anterior to posterior compression screw.  During her first post-operative follow-up the doctor noted she “has some serious drainage from her ankle with minimal erythema” and moderate swelling and citing infection concerns.  At another follow-up she was placed in a short leg cast and ordered not to weight bear on her right leg for five weeks and prescribed aspirin once a day to prevent blood clots.  He then removed her short leg cast and prescribed a “fracture boot” and ordered that she only bear 10% of her weight on her right lower extremity.  This then proceeded to an order to begin wearing an “ultra ankle brace” and weight bear as tolerated.  She underwent 4 sessions of physical therapy.  She also required a second surgery to remove the screws and hardware.  She still experiences pain, discomfort and limitations to her right ankle.  This personal injury case settled for $45,000 from the bar, and $1,500 from defendant was the trial date.  The case was truly contended with disputed evidence of both plaintiff’s and defendant’s intoxication, initiation of physical contact and provocation by one or the other. While her medical bills totaled $37,000.00, liens were substantially reduced and a significant net recovery paid to plaintiff in this challenging case.

72-year-old male tripped over plastic cables or roping just off the ground and used to group chair legs together to prevent theft at a grocery store. He suffered a subtle nondisplaced fracture of the lateral aspect of the proximal right tibia with moderate-sized joint effusion. After months of conservative treatments and use of a Don-Joy PCL brace, his symptoms only worsened. Due to pre-existing health conditions, this gentleman was unable to be placed on oral anti-inflammatory medications and had to endure painful Depo-Medrol injections every three (3) months. The case settled for $40,000.00 prior to trial, with the defendant asserting plaintiff’s own negligence for not seeing the roping, and questioning the nature and extent of plaintiff’s injuries from the store incident. Medical bills totaled $13,931.75 and medical liens were substantially reduced for greater net dollars for the client. This senior citizen’s advanced age and disabilities necessitated an amicable resolution of the case without trial. His life expectancy was less than ten (10) years.

Female injured after falling over a box in a flower shop, sustaining injuries to her back, left arm and knee. Plaintiff was diagnosed with lumbar sprain and treated with pain medications and physical therapy. Subsequent follow up with orthopedic surgeon revealed lumbar segmental dysfunction, lumbar sprain/strain as well as thoracic or lumbosacral neuritis or radiculitis and was treated with heat treatments and manipulation. In addition, Plaintiff was diagnosed with degenerative disc disease with physical therapy being prescribed along with steroids and medication for pain. Steroids worked but pain returned upon discontinuation. Water based therapy was then recommended with continued use of pain medication and anti-inflammatories. Due to a lifting restriction, she was terminated from her position as a traveling nurse. Case settled for $39,500. – EK.

Infant and mother injured from hazard in rental property. Mother and infant resided in a home requiring maintenance and repairs. The mother fell through a hole, in the main bathroom, as she was stepping out of the shower. Just a short 4 months later, mold in the house adversely affected the infant boy’s breathing. The landlord of the home had been contacted on numerous occasions due to the needed repairs in the home. The child’s portion of the case was settled for $24,000, of which $16,000 was immediately payable to the child, with the remaining monies placed in a structure to grow and be paid out tax free when needed in his early adult years. The mother’s portion of this case was settled for $4,000. – CS.

Saleswoman slipped and fell entering hotel elevator. Plaintiff suffered a torn rotator cuff subsequently requiring three surgeries. Trial evidence revealed furniture polish had been wrongfully applied to the hardwood floor. Defendant denied wrongdoing. Jury verdict of $250,000 with 10% contributory negligence to the plaintiff. – PH.

A 47-year-old man broke his right leg after sliding on a floor mat near the entryway to a mall. The mat was set atop a pool of water in a slightly recesses or depressed area, causing water to accumulate and allowing the mat to slip out from underneath him and thereby causing his right leg and knee to twist, resulting in serious and permanent injuries. X-rays revealed that our client had a comminuted, depressed fracture of the lateral tibial plateau and suprapatellar effusion. Our client underwent an open reduction and internal fixation procedure with a lateral splint decompression fracture and per cutaneous screw fixation Three cancellous were inserted to set the tibia back into place. Our client was restricted to a wheel chair for approximately one month after his surgery and regained his strength through only extensive physical therapy. Following surgery, arthritis has now developed in his knee and he requires the aid of a cane from time to time, though he returned to his normal job duties. This personal injury case was initially devised with no offer of settlement and based on no fault or liability of the mall. The client’s workers’ compensation case was also disputed on the basis of not advising out of and in the course of work. A compromised settlement was reached out of court in the amount of $2,000.00 for workers’ compensation, representing loss of and $100,000.00 for personal injury to our client. – SK.

A man was injured when he fell as he was walking to approach a friend’s house slipping and falling on at first an unknown substance on the front yard grass during the course of work while cleaning up an oil spill. He was immediately rushed to the hospital emergency room for treatment of his right knee and later recommended for surgery. He underwent an arthroscopic surgery for a tear in the posterior horn of the medial meniscus, a small joint effusion and a small contusion involving the medial tibial plateau. Because of his injuries he was no longer able to return to his regular job as a truck driver and can no longer do basic activities like climbing stairs, stooping, heavy lifting and extended periods of sitting. The defendant(s) were liable in this case since they had a duty to inform the plaintiff of the known hidden danger on their property. A nationally advertised insurance company at first denied that the incident ever occurred. It then argued that the incident happened, but denied any wrong doing by its insured homeowner. The insurance company finally argued that while it agreed the incident happened, the hazardous condition was left to remain for a permitted person to encounter it. Lastly, it said that all injuries were pre-existing and not caused by the event. Our firm was able to secure a settlement for $55,000.00 based upon medical expenses, disability benefits and wage loss for our client. – SWG.

22-year-old man (minor at the time) sustained injuries to his right leg, foot, back, hip and buttocks when he was “sucked” into a vacuum helping a relative on his property. He was rushed to the hospital and due to the extent of his injuries was airlifted to a children’s hospital. X-rays revealed transverse fractures of the right tibia and fibula and as a result, he underwent immediate irrigation and debridement of his right tibia and fibula, an open reduction with external fixation of the right tibia and fibula and application of circular, multi planar talar external fixator. Later, two more irrigation and debridement surgeries were performed. Eventually, our client underwent an additional plastic surgery to correct a “free flap” skin slough in the area of his fracture site. Our client has a 1 1/4 inch difference in the length of his injured leg and is required to wear a one inch shoe lift for the rest of his life as a result of his injuries. Our firm secured a settlement of $50,000.00 for the medical expenses of our client’s injuries. This case was contested throughout, with our client sustaining his injuries on his relative’s property. The defense said that the entire reason our client got entangled in machinery and was harmed was as a result of our client’s own carelessness. We afforded that the conditions on the relative’s property was known only by the relative and that such conditions could not be appreciated by our client when he may have slipped/fallen into operating equipment which then severely injured him. There were no eye witnesses of what occurred and our client had no memory of the event. Should the jury have found our client more than half at fault, zero would have been recovered. – JMT.

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We work on a contingency fee basis. We do not get paid unless you win.

 

Call us today for a free consultation at 1-800-553-3125 or e-mail us or tell us about your case

Premises Liability – Recent Recoveries

72-year-old male tripped over plastic cables or roping just off the ground and used to group chair legs together to prevent theft at a grocery store. He suffered a subtle nondisplaced fracture of the lateral aspect of the proximal right tibia with moderate-sized joint effusion. After months of conservative treatments and use of a Don-Joy PCL brace, his symptoms only worsened. Due to pre-existing health conditions, this gentleman was unable to be placed on oral anti-inflammatory medications and had to endure painful Depo-Medrol injections every three (3) months. The case settled for $40,000.00 prior to trial, with the defendant asserting plaintiff’s own negligence for not seeing the roping, and questioning the nature and extent of plaintiff’s injuries from the store incident. Medical bills totaled $13,931.75 and medical liens were substantially reduced for greater net dollars for the client. This senior citizen’s advanced age and disabilities necessitated an amicable resolution of the case without trial. His life expectancy was less than ten (10) years.

Female injured after falling over a box in a flower shop, sustaining injuries to her back, left arm and knee. Plaintiff was diagnosed with lumbar sprain and treated with pain medications and physical therapy. Subsequent follow up with orthopedic surgeon revealed lumbar segmental dysfunction, lumbar sprain/strain as well as thoracic or lumbosacral neuritis or radiculitis and was treated with heat treatments and manipulation. In addition, Plaintiff was diagnosed with degenerative disc disease with physical therapy being prescribed along with steroids and medication for pain. Steroids worked but pain returned upon discontinuation. Water based therapy was then recommended with continued use of pain medication and anti-inflammatories. Due to a lifting restriction, she was terminated from her position as a traveling nurse. Case settled for $39,500. – EK.

Infant and mother injured from hazard in rental property. Mother and infant resided in a home requiring maintenance and repairs. The mother fell through a hole, in the main bathroom, as she was stepping out of the shower. Just a short 4 months later, mold in the house adversely affected the infant boy’s breathing. The landlord of the home had been contacted on numerous occasions due to the needed repairs in the home. The child’s portion of the case was settled for $24,000, of which $16,000 was immediately payable to the child, with the remaining monies placed in a structure to grow and be paid out tax free when needed in his early adult years. The mother’s portion of this case was settled for $4,000. – CS.

Saleswoman slipped and fell entering hotel elevator. Plaintiff suffered a torn rotator cuff subsequently requiring three surgeries. Trial evidence revealed furniture polish had been wrongfully applied to the hardwood floor. Defendant denied wrongdoing. Jury verdict of $250,000 with 10% contributory negligence to the plaintiff. – PH.

A 47-year-old man broke his right leg after sliding on a floor mat near the entryway to a mall. The mat was set atop a pool of water in a slightly recesses or depressed area, causing water to accumulate and allowing the mat to slip out from underneath him and thereby causing his right leg and knee to twist, resulting in serious and permanent injuries. X-rays revealed that our client had a comminuted, depressed fracture of the lateral tibial plateau and suprapatellar effusion. Our client underwent an open reduction and internal fixation procedure with a lateral splint decompression fracture and per cutaneous screw fixation Three cancellous were inserted to set the tibia back into place. Our client was restricted to a wheel chair for approximately one month after his surgery and regained his strength through only extensive physical therapy. Following surgery, arthritis has now developed in his knee and he requires the aid of a cane from time to time, though he returned to his normal job duties. This personal injury case was initially devised with no offer of settlement and based on no fault or liability of the mall. The client’s workers’ compensation case was also disputed on the basis of not advising out of and in the course of work. A compromised settlement was reached out of court in the amount of $2,000.00 for workers’ compensation, representing loss of and $100,000.00 for personal injury to our client. – SK.

A man was injured when he fell as he was walking to approach a friend’s house slipping and falling on at first an unknown substance on the front yard grass during the course of work while cleaning up an oil spill. He was immediately rushed to the hospital emergency room for treatment of his right knee and later recommended for surgery. He underwent an arthroscopic surgery for a tear in the posterior horn of the medial meniscus, a small joint effusion and a small contusion involving the medial tibial plateau. Because of his injuries he was no longer able to return to his regular job as a truck driver and can no longer do basic activities like climbing stairs, stooping, heavy lifting and extended periods of sitting. The defendant(s) were liable in this case since they had a duty to inform the plaintiff of the known hidden danger on their property. A nationally advertised insurance company at first denied that the incident ever occurred. It then argued that the incident happened, but denied any wrong doing by its insured homeowner. The insurance company finally argued that while it agreed the incident happened, the hazardous condition was left to remain for a permitted person to encounter it. Lastly, it said that all injuries were pre-existing and not caused by the event. Our firm was able to secure a settlement for $55,000.00 based upon medical expenses, disability benefits and wage loss for our client. – SWG.

22-year-old man (minor at the time) sustained injuries to his right leg, foot, back, hip and buttocks when he was “sucked” into a vacuum helping a relative on his property. He was rushed to the hospital and due to the extent of his injuries was airlifted to a children’s hospital. X-rays revealed transverse fractures of the right tibia and fibula and as a result, he underwent immediate irrigation and debridement of his right tibia and fibula, an open reduction with external fixation of the right tibia and fibula and application of circular, multi planar talar external fixator. Later, two more irrigation and debridement surgeries were performed. Eventually, our client underwent an additional plastic surgery to correct a “free flap” skin slough in the area of his fracture site. Our client has a 1 1/4 inch difference in the length of his injured leg and is required to wear a one inch shoe lift for the rest of his life as a result of his injuries. Our firm secured a settlement of $50,000.00 for the medical expenses of our client’s injuries. This case was contested throughout, with our client sustaining his injuries on his relative’s property. The defense said that the entire reason our client got entangled in machinery and was harmed was as a result of our client’s own carelessness. We afforded that the conditions on the relative’s property was known only by the relative and that such conditions could not be appreciated by our client when he may have slipped/fallen into operating equipment which then severely injured him. There were no eye witnesses of what occurred and our client had no memory of the event. Should the jury have found our client more than half at fault, zero would have been recovered. – JMT.

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We work on a contingency fee basis. We do not get paid unless you win.

 

Call us today for a free consultation at 800-553-3125 or e-mail us or tell us about your case.