Reported in the Lawyers Weekly
The plaintiff slipped and fell in a parking lot plaza. In this case two defendants were noted; the owner of the plaza, and the lessee of the property. During the incident the plaintiff sustained several injuries.
The plaintiff contended that the step off of the curb in front of the retail store was in need of repair due to a defect. Furthermore, since the curb was directly in front of the store entrance, the plaintiff noted that at the very least a notice of defect should have been marked. After a bit of investigation, it was shown that the curb had been painted yellow in order to mark this problem.
Following the incident, the lessee of the property claimed bankruptcy. Fortunately, the plaintiff was able to continue with the claim despite this situation.
After the incident the plaintiff headed to the emergency room for medical care. Medical records note that the plaintiff had ETOH on his breath while being treated. This led the defense counsel to argue that the plaintiff was impaired by alcohol which in turn caused the fall.
Additionally, both parties disputed the severity of the plaintiff's injuries. The plaintiff argued that he suffered several injuries during the fall. They included a closed head injury, concussion, and several cognitive impairments. The plaintiff also noted a fracture of the nose. As far as lost wages were concerned, there was dispute in this area as well. The plaintiff was self-employed in the kitchen remodeling business. Tax documents did not match up with the amount of money that the plaintiff claimed he was earning.
The defense counsel argued that the head injuries were not as severe as the plaintiff was making them out to be. They were somewhat successful in doing so by presenting evidence that the plaintiff had attempted three past cases as a result of blows to the head during a fall.
Before the case was set to go to trial, a mediator assisted the two parties in agreeing on a settlement of $150,000.00.
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