Posted On: March 26, 2012 by Moseley Collins

Woman Suffers Facial Fracture and Injuries After Slip and Fall, Part 2 of 2

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this slip and fall lawsuit and its proceedings.)

Leanas further said that the city was aware of the need for visual cueing in the stair design, as it was required in the building code. The city architect designed nose striping into the carpet detail, but the stripes were missing on every third step, and the distance between the stripe and the step's edge -- or nose -- varied.
The defense denied liability, contending that the second tier stairs met code requirements. The defense also claimed that the railing system design was the only practical way to install handrails in the symphony setting.

Golden State also contended that its work, done 14 years earlier, fully conformed to all requirements at the time of installation.

The carpet installers argued that the carpet's nose striping was uniform in the area where Leana fell.

The defense claimed that Leana's fall was caused by dizziness from the concussion she had sustained in the car accident the day before.

She alleged sleep apnea from the crash.

Leana claimed past medical expenses of about $28,000 and future medical expenses of about $58,000. She also sought damages for pain and suffering.

Ernie sought damages for loss of consortium.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

The defense responded that Leana's residual head injury symptoms were caused by the car accident, and not the fall. The defense further claimed that Leana's residual aches and pains were from pre-existing conditions.

The defense orthopedics expert opined that Leana only sustained facial fractures and minor contusions in her fall.

One of the defense neurology experts, Fred Moody, who was also an expert in sleep apnea, testified that Leana's apnea was not related to her facial and nasal damage. He admitted that his opinion was partly based on records that he had never seen.
Defense attorney reported that the settlement was enticing for his client, Golden State Carpet, because it avoided the cost of defending the case in a trial.

SUMMARY:
RESULT: Mediated Settlement
Award Total: $203,700
The parties settled for $203,700.
Of this amount, the city and county and the symphony will pay $190,700, while Golden State Carpet will pay about $13,000.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.