Slip and Fall - Child Injury - Traumatic Brain Injury.
Infant plaintiff was a 3.9 year old child who was being carried by her father from a movie at the time of the accident in 2002. They had intended to use an elevator from the second to the lower floor of the movie theater to exit but the elevator was closed and they were required to use a staircase which contained debris and slippery substances causing the father to slip and infant plaintiff to fall striking her head. She received emergency room treatment for a head hematoma, dizziness and an unsteady gait. The child, who had prior to the accident been diagnosed with a pervasive learning disability was later diagnosed with a traumatic brain injury which plaintiff's experts attributed to the fall. The traumatic brain injury manifested itself during testing in a memory deficit not typically associated with her type of learning disability. The matter settled subject to infant compromise approval days prior to jury selection for $275,000.00