77 Year Old Slipped on Black Ice
Our client, a 77 year old Russian immigrant, was stepping out of his parked car when he slipped on black ice in the parking lot of the defendant's food store. The accident was witnessed and reported to the management of the store.
Our client did not seek emergency treatment immediately after the accident. However, he noted increased swelling and pain to his ankle and which then compelled him to seek medical attention. X rays confirmed a fracture of the lateral malleolus. His ankle was casted, and he later underwent surgical intervention at Beth Israel Hospital in the form of an open reduction internal fixation of the left ankle. Our client continued to remain symptomatic following the accident and surgery.
The matter was on the trial calendar, but was settled by Wingate, Russotti, Shapiro & Halperin associate Michael Fitzpatrick a week before trial at a private mediation in the amount $215,000.