Premises Liability - Slip and Fall Injury

Our client, a home health aide in her early 60s, contended that as she was walking in the defendant's fish and vegetable market she slipped and fell on a piece of wet cabbage. The plaintiff contended that she observed produce leaves on the floor when she entered approximately five to ten minutes earlier, and slipped on one when she was trying to avoid boxes on the floor in the produce aisle.

The plaintiff contended that she suffered a lumbar herniation that was confirmed by MRI and which ultimately necessitated fusion surgery. The plaintiff further maintained that she suffered a torn medial meniscus which required arthroscopic surgery in addition to undergoing surgery for a fractured metatarsal. Our client maintained that she will suffer extensive permanent pain and weakness and can no longer work.

The defendant argued on the issue of credibility that the jury should consider that the plaintiff was litigious in nature and stopped at her initial attorney’s office on her way home from the hospital. Defendant further contended that her lumbar surgery was unnecessary and her lumbar and knee injuries were degenerative in nature. WRSMH attorney William Hepner settled the case for $700,000.

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