Slip and Fall at Storage Facility in West Palm Beach, Florida Results in Multiple Surgeries
A slip and fall is a claim based on a person slipping (or tripping) and falling. These cases are based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the victim to slip or trip and can result in painful and debilitating injuries for the victims.
The victim in this slip and fall case was a mother of four children, when she visited a storage facility located on Forest Hill Boulevard in West Palm Beach, Florida. As she attempted to exit the building and turned to push the door shut, she slipped and fell on a wet cement ramp, landing on her tailbone and right arm/hand which was outstretched.
It had been raining hard earlier that day and when the rain stopped the storage facility removed a large mat from the concrete ramp. However, it continued to rain that day and the ramp remained wet from the rain and from water dripping off the roof without gutters. The storage facility had a duty to maintain all entryways and walkways so that they would not cause a slippery and dangerous premise so as to secure a safe walkway for patrons. To add to the dangerous condition, the mat, which was designed to make the ramp safe, was removed leaving a wet, slimy, moldy, ramp. Such a condition was known, or should have been known, by the storage facility and a “Warning” sign or a mat should have been put in place to correct the dangerously wet ramp.
The victim initially treated with a physician who ordered an MRI of the lumbar spine, right wrist, neck and right shoulder. The lumbar MRI revealed disc bulges at L1-2, L4-5 and L5-S1, however, the victim had a prior low back injury which caused the bulges in the low back. An MRI of the cervical spine revealed disc herniation at C3-4 and C5-6. A follow up MRI of the cervical spine showed C5-6 focal central disc protrusion/herniation which impinges upon the anterior thecal sac and effaces the ventral cord surface.
The victim then came under the care of an orthopedic surgeon who recommended continued therapy with her initial physician and referred her to a pain management physician who treated her with a series of trigger point injections. She returned to the orthopedic surgeon due to continued neck pain which radiated down her right arm. The surgeon recommended and then performed an anterior cervical discectomy with fusion at C5-C6.
Afterwards, the victim began to feel some relief but continued to complain of right shoulder pain and was then referred to a surgeon for treatment of the right shoulder. The victim suffered from loss of function including range of motion restriction, which occurred over time since the slip and fall. The right shoulder MRI was normal. She had failed conservative treatment including exercise, therapy and medications. Surgical arthroscopy of the right shoulder with shaving resection of the labrum and manipulation under anesthesia of the right shoulder was then performed.
Therapy was continued with the initial treating physician and the victim sought a neurosurgical opinion as she was complaining of progressed migraines with worsening cervicalgia. She also had complaints of bilateral shoulder discomfort, left greater than right, burning in nature, involving the C5 distribution which disturbs her sleep. In addition, she complained of tenderness involving the spinous process of C7-T1. The neurosurgeon ordered an updated cervical MRI which showed C5–C6 discectomy and anterior fusion with metal plate/vertebral body screw fixation, C3–C4 disc bulge and mild reversal of the cervical lordotic curve. He diagnosed the victim with cervicalgia with paraspinal muscle spasms and mild cervical kyphosis. He has recommended she pursue cervical strengthening as well as stabilization exercises followed by acupuncture.
The outstanding medical expenses in this case totaled well over $240,000.00 and this victim was facing continuing medical treatment for quite some time, so she sought the assistance of Attorney William D. Zoeller. Mr. Zoeller conducted extensive investigation and discovery in this case concerning the negligence of the storage facility, and after a long week of trial, the jury awarded this victim a very substantial verdict. Now this victim can focus just on getting healthier and not on all of the expenses incurred as she does so.
