Slip and Fall on Ferry
WRSH Partner Clifford Shapiro obtained a recovery in the amount of $375,000 for a 59-year-old woman who slipped and fell on water on a ferry. Cliff contended at mediation that it was raining out and the ferry captain and deck hands failed to place a mat on a slippery, hard floor even though it was wet and posed a slipping hazard.
The client sustained a fracture of the right patellar requiring the insertion of screws and a wire. She was out of work for over four months, and necessitated several surgeries. After the initial surgery she developed a severe infection and required hospitalization.
At the mediation the defendant's attorney contended that it was not raining at the time of the accident and the floor where the client was injured was not slippery. This settlement was due in large part to WRSH attorney Mitch Kahn who worked up the case during the discovery/deposition phase of the case. Prior to the mediation, we deposed an independent witness who testified that it was raining and wet at the site of our client's accident. By following up with this witness and obtaining her cooperation, and the depositions of several employees of the water ferry company, we were able to convince the defendant's attorney that we had enough evidence to prove our case and thus, were able to obtain this recovery.