PERSONAL INJURY

Wrongful death/survival action arising from auto vs pedestrian accident. Plaintiff’s decedent, a 76-year-old man, was allegedly struck in a crosswalk, and sustained multiple injuries including a fractured hip, requiring surgery. After initial treatment at the hospital, Plaintiff’s decedent was transferred to a rehabilitation facility, where he spent over a month recovering. Plaintiff’s decedent continued to struggle following release from the rehab facility and could not ambulate without the use of a walker. Approximately 3 months post-accident Plaintiff’s decedent was hospitalized with complaints of weakness, nausea and neck pain. He suffered a cardiopulmonary arrest and died a few days after his hospitalization. Plaintiff (decedent’s wife) claimed special and general damages associated with her husband’s pain and suffering prior to his death. Plaintiff also alleged the death was caused by the injuries sustained in the accident. Defendant admitted liability for purposes of mediation but vigorously contested causation arguing that Plaintiff’s descendent had multiple comorbidities which caused or contributed to the death.

Trip and fall involving a 69-year-old woman who alleged injuries to her back, left foot, knee and shoulder. Plaintiff’s back injury required the placement of a spinal cord stimulator. The fall occurred when plaintiff was walking into a retail store and stepped on cardboard which had been left outside the entrance. Defendant retailer argued the condition was open and obvious and could have been avoided by Plaintiff. Defendant also disputed the nature and extent of Plaintiff’s injuries, including the back injury which Defendant argued was preexisting.

Bar fight in which Plaintiff suffered fractured jaw and facial lacerations. Plaintiff’s assailant fled the scene immediately after the incident and was never identified. Plaintiff sued the Bar, alleging inadequate security, negligent hiring of security personnel and failure to identify and deescalate a verbal altercation before physical harm occurred. Defendant argued security was adequate and the punch to Plaintiff’s face occurred without warning and could not have been prevented.

Personal injury case wherein Plaintiff and his 92-year-old mother were entering a retail store when an automatic sliding door struck the mother, who was ambulating with the use of a walker. Mom was knocked to the ground, suffered a broken shoulder, and was hospitalized. Mom was then transferred to a nursing home where she spent 2 months before dying of a heart attack. Various claims including negligence, wrongful death and survival damages (by the estate ) were asserted. There were 2 defendants, the retailer and the company servicing the doors, each claiming that any door malfunction was the responsibility of the other. Both defendants disputed allegations the death was related to the fall.

Trip and fall at a self-storage facility. Plaintiff alleged uneven surface, code violations resulted in broken foot requiring surgery. Plaintiff further alleged ongoing and likely permanent problems with ambulation. Defense disputed liability and contested the nature and extent of Plaintiff’s damage claims, including the need for future care.

Trip and fall at hotel. Plaintiff, age 78 alleged she fell and fractured her hip due to non code compliant ramp in parking lot. Claimed damages included home health care and alternative transportation expenses. Defense argued ramp was code compliant, Plaintiff was inattentive and damages were overstated.

Personal injury case arising from plaintiff’s fall while using an industrial lift. Plaintiff suffered fractured femur, torn ACL, torn meniscus, past and future surgeries along with past and future loss of earnings. Defense argued plaintiff was inattentive and lost earnings were overstated.

Wrongful death and elder abuse case arising out of alleged lack of adequate supervision at nursing home. Plaintiff claimed failure to supervise decedent during lunch, allowing decedent to choke on food. Defense claimed supervision adequate given decedent’s known past medical history.

Wrongful death claim occurring at a Casino. Plaintiffs alleged decedent became disoriented, dehydrated, and exhibited erratic behavior which should have been evident to Casino security and staff. Plaintiffs claimed early intervention would have prevented death. Defense contended it was not clear defendant was in distress and did not have responsibility to monitor medical conditions of customers.