Personal Injury Attorney Case | Joel H. Schwartz, P.C.
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Personal Injury Attorney Case

Mirror Falls on Client in Salon – Cervical Fusion – $840,000.00

Reported in the Lawyers Weekly

In mid-2001, the plaintiff was inside an athletic club salon. At that time, a 65 pound mirror became detached from the wall and struck the plaintiff in the head. After the accident the plaintiff left the club under her own power with ice on her head. She did not seek the help of a medical professional until the next day.

In the weeks following the accident it was determined by the plaintiff’s physician that she sustained a cervical strain that could be treated with a soft collar and analgesics. Almost two months later the plaintiff underwent a flexion-extension cervical x-ray series. These tests revealed that there was angulation and translation which had greatly affected her cervical stability.

At this time the plaintiff sought the advice of an orthopedist who determined that she was suffering from posterior ligamentous instability. In order to correct this problem, the orthopedist suggested surgery. Approximately 18 months later, the plaintiff had to undergo another surgery in order to further correct the problem.

To go along with the cervical injuries, the plaintiff also suffered from closed head injuries. The defendant’s counsel disputed these issues adamantly. In the end the neuropsychological testing was shown to be invalid due to the questionable amount of effort that the plaintiff put forth during testing.

Lost wages were also a sticking point in this case because the plaintiff only started work on a contracted job a few weeks earlier. At the same time the defense counsel also discovered information on the plaintiff’s past. It appeared that she had lied on her job application, which made her claim of loss wages even more difficult.

In this case there were several defendants involved. The athletic club claimed that it was not their responsibility because the salon operated independently. On the other side of things, the salon argued that the mirror had been tested for stability two years earlier and was assessed to be in good condition. The company that was said to have examined the mirror denied their participation, and no invoice was ever presented by the salon.

After two separate day long mediations, the case was finally settled for $840,000.00.