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...]
Unattended assisted living facility resident falls and suffers fatal injuries while aide is on her cell phone
Appliance delivery man injures his back when improperly attached deck collapses
A 44-year-old appliance delivery man injured his back when a wooden deck collapsed from the weight of a refrigerator. A contractor had attached the deck to the house with small metal screws rather than large lag bolts. A couple that had recently bought the house had ignored a warning about this dangerous condition in a home inspection report. The case settled after depositions were taken. … [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...]
Dentist falls on ice in office parking lot without roof gutters
A 39-year-old dentist was leaving his office when he slipped and fell on ice in the parking lot. The building owner had neglected to provide gutters for rain water, which fell and froze and was then covered by a thin layer of snow. The dentist broke several fingers in his hand, making it difficult for him to do his job. After a lawsuit was filed and discovery taken, the case settled. … [Read more...]
Retired police chief falls on boat during fishing trip
A 75-year-old retired chief of police was taking a fishing trip. As he began to get off the boat, it was well below the adjacent dock. The fishing outfitter neglected to provide a step or other assistance. The man fell back into the boat, breaking his leg and ankle. The case settled after negotiations. … [Read more...]
Man’s shoulder injured when clerk at big box store drops wooden post on him
A 50-year-old bridge painter was in a large retail super store purchasing lumber to build a deck at home. A store employee who was helping the painter lift a large post from a high shelf dropped his end. The other end struck the painter's shoulder and knocked him to the ground. The painter had two rotator cuff tears requiring surgery. He was eventually able to return to work with some difficulty. The super store initially denied all liability. The case settled shortly before trial for a substantial sum. … [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...]