Unattended assisted living facility resident falls and suffers fatal injuries while aide is on her cell phone

An 83-year-old woman was a resident of an assisted living facility. While she was using the bathroom, the aide who was supposed to be helping her, stepped out of the room to use a cell phone. The woman, who had suffered a stroke, and was unable to use her left side, fell to the floor. She cracked the vertebrae in her neck, two vertebrae in her lower back and fractured her pelvis. She was hospitalized and then had extensive rehab. The woman died, in part due to the complications from her fall and fractures. A claim was brought to recover damages by her sons. After the Center for Medicare & Medicaid Services was reimbursed for a significant … [Read more...]

Supply clerk falls in icy parking that building owner had refused to salt

A 40-year-old supply clerk slipped and fell in the icy parking lot next to the building where he worked. He injured his shoulder and needed two surgeries. Although the building owner had been notified that winter that its parking lot was icy and others had fallen, it never took care of this dangerous condition. The building owner wouldn't pay to salt the parking lot. This case settled on the eve of trial. … [Read more...]

Woman falls when bed and bath store improperly stacks rugs

A 76-year-old woman was leaving a bed and bath store, walking through the foyer. As she neared the exit, she tripped on some rugs that were stacked in the corner, falling through the open sliding door onto the concrete pavement outside. She hit her head and fractured her hip. The rugs were stacked low and the available walking clearance was less than required under the Americans with Disabilities Act regulations. After the store manager admitted in her deposition that in standard merchandising practice anything stacked under three feet is known to be a tripping hazard, the case settled. … [Read more...]

Retiree with polio suffers torn rotator cuffs from fall when store fails to secure rug

A 72-year-old retired state store employee walked into a local beer market to buy some lottery tickets. He had polio in one leg that he developed as a child. As he turned to leave, a throw rug slipped under his foot, causing him to crash to the floor. The rug was not safely secured, in violation of the Americans with Disabilities Act. The man suffered torn rotator cuffs of both shoulders requiring two surgeries. The case settled satisfactorily just before opening statements to the jury. … [Read more...]

Painter slips when gas station owner leaves spilled gasoline unguarded

A 42-year-old commercial painter slipped and fell to the ground when a gas station owner spilled gasoline and then left the area unguarded while he went to find some rags to clean up his mess. The man tore the rotator cuff in his shoulder and needed surgery. He missed almost five months of work. The case settled on the eve of trial. … [Read more...]

Lawyer falls and fractures pelvis at Bar Conference due to unsafe decorative rock

A 53-year-old lawyer was walking on a dark path toward a restaurant while at a resort for a Bar conference. There was a large decorative rock set in the middle of the path with a hidden ledge at its bottom edge. As she walked past the rock, her foot got caught, throwing her to the ground. She dislocated her foot and shattered one of her toes. She also fractured her pelvis. Because of diabetes and circulation problems in her extremities, tips of her toes had to be amputated. After multiple depositions, the insurance company for the resort settled the case just before trial. … [Read more...]

Travel agent on cruise falls when dining chair collapses

A 55-year-old travel agent was on a cruise she had arranged for herself, family and friends. As she sat down at their assigned table in the dining room, the chair collapsed beneath her. She was thrown to the floor, injuring her neck, back and shoulder. After a claim was made, the case was settled for a payment of money and a voucher for another cruise. … [Read more...]

Salesman slips on hotel’s tile entrance more suitable for indoor use

A 50-year-old salesman was unloading his car at a hotel?s front entrance. It was snowing and the weather was frigid. The outdoor surface of the hotel entrance was ceramic tile, a material more suited to indoor than outdoor use. The salesman slipped on the icy tile, seriously aggravating a pre-existing condition in his neck. The salesman's spinal surgeon recommended neck surgery. Since the responsible hotel was located outside of Pennsylvania, a local attorney was used to obtain a reasonable settlement. … [Read more...]

Clerk at food coop crashes cart into woman looking at merchandise

An 82-year-old widow was shopping at a local food cooperative. As she bent over to look at a display shelf, she was barreled over by a supply cart pushed recklessly by one of the cooperative?s employees. Her pelvis was cracked, and she had to spend time in a nursing facility for rehab. The claim against the food cooperative eventually settled. … [Read more...]

Woman trips on post remnant at zoo

A 52 year old woman was at the zoo with her boyfriend and her boyfriends two teenage daughters. As they approached the elephant exhibit, she stepped off the path to look at a rabbit in the bushes. The zoo had partially removed some metal posts cutting them off unevenly at their bases. She tripped and fell on the remnants of a post, falling and severely injuring her wrist. A lawsuit was filed and zoo employees were called in for depositions. The case settled on the eve of trial. … [Read more...]

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