Dangerous Premises - Career Ending Shoulder Injury

The building in which my client, a 62 year old HMO executive worked, had an oddly designed foyer that included a sloped area, over which numerous people had tripped, though none had suffered serious injury. My client ordinarily entered and exited the building from a different side, but on the day in question, came in through the main foyer, after a fire drill called by building management in cooperation with the fire department. As the view of the sloped area was blocked by the crowd surging back into the building, my client tripped on the slope and suffered a severely torn rotator cuff that did not respond well to surgery. We contended that the usual duty to cordon off or place conspicuous warnings by the hazardous area, was heightened as a result of the fire drill which caused approximately 100 people to crowd back into the building through the entrance containing the sloped area. Although my client was an executive, she spent considerable time on her computer, a task which was impossible after the injury. The case was taken seriously by the defendant's insurer and resolved, because amongst other factors, our client was a hard-working woman who had missed barely a day of work in thirty years before the incident. The defense appreciated that the usual effort to portray the plaintiff as a malingerer or complainer, would backfire in this instance. While I review "fall down" cases very carefully before accepting them, this case illustrates that the right such case can be handled successfully.

Awarded: $450,000

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

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