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Slip and Fall Concussion

$500,000 – Personal Injury

Facts

A 53-year-old woman sustained a concussion and post-concussion syndrome when she fell on the wet floor of a smoothie restaurant.

A 53-year-old access representative for a healthcare provider entered a restaurant that sells juice-based drinks with her daughter to get a couple smoothies. They ordered and obtained the smoothies and then left. Ms. Doe returned to get a smoothie for her son at home and entered the restaurant by herself. Between the time Ms. Doe left the restaurant and the time she returned, an employee had washed the floor but did not put out a “wet floor” sign prior to the Ms. Doe’s return, nor did the employee verbally warn her of the wet floor. Immediately upon entering the store, Ms. Doe slipped and fell on the wet floor, landing on her back and striking the back of her head.

Allegations/Contentions

Jane Doe alleges negligence by the Roe Restaurant and its Owners for a dangerous condition of the floor, failure to warn, and failure to properly train their employees.

Defendants denied Ms. Doe’s allegations and disputed they were negligent. They disputed the nature and extent of Ms. Doe’s injuries and alleged that Ms. Doe had a pre-existing condition.

Injuries

Ms. Doe was not treated at the scene but went to her doctor the following day. She sustained a concussion and subsequently, post-concussive syndrome. She presently experiences headaches and an exacerbation of a pre-existing Chiari I malformation. The plaintiff also experiences neck and back pain, along with burning sensation along her spine.

Damages

As a result of chronic pain and headaches from the fall, Ms. Doe will need to continue to treat with a neurologist for the remainder of her life. She will also require Botox injections in her head every three months for the next 5 to 10 years to treat her headaches. Now that her Chiari malformation has become symptomatic from the fall, she will require diagnostic MRIs to monitor her condition. Her treating neurosurgeons have recommended that she undergo brain surgery to repair the Chiari malformation with the hope that her symptoms would be reduced.

As a result of her chronic pain and headaches, Ms. Doe, who is trained as a registered nurse, is unable to return to her former occupation as an access representative for a healthcare company. She will have difficulty competing in the labor market given her age, disability and absence from the market.

Jane Doe’s husband filed a claim for loss of consortium as a result of his wife’s injuries and damages. He has been required to take on most of the household chores she used to perform, as well as taking care of her healthcare-related needs.

Special Notes

The defendants agreed to settle both claims, after pre-trial motions in limine were filed, for $500,000.


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