Reported in the Lawyers Weekly
In this case the plaintiff entered the defendant's store in order to search for an ironing board. While heading for the portion of the store that carried this item, the plaintiff slipped and fell on a substance while making a turn. This resulted in several injuries to the plaintiff's knee and back.
Immediately after the incident, the plaintiff noted that she was covered in a thick liquid. The plaintiff's daughter noted that the liquid was similar to the type that was coming from carriages being pushed down the aisles. She testified that the liquid was sticky, and that it was smudged. The plaintiff also added that the store was liable due to the fact that she never had a chance to see the liquid as it was just around the bend of an aisle.
The counsel for the defense argued that the liquid was not present in the aisle way. In addition, they were ready to show photographic evidence that was taken immediately after the plaintiff was taken away from the scene to seek medical attention.
Due to the fall, the plaintiff underwent two separate surgeries on her knee. These surgeries were unsuccessful, which led to the total replacement of the knee in a third procedure.
The main issue in this case was the back condition that the plaintiff was suffering from. Medical records showed that the plaintiff was suffering from a lumbar condition at home that was not consistent with the injuries suffered during the fall. In turn, the plaintiff argued that due to the knee injury, added stress was placed on the back which resulted in this condition.
United States Arbitration assisted in mediation of this case for $300,000.00.
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