Plaintiff Secures $15 Million After Stair Collapse Causing Serious Injury

A plaintiff recently secured a $15 million settlement after a deteriorating stairway collapsed at a condominium swimming pool. The plaintiff, who was an employee of a pool management company, was servicing the swimming pool on September 6, 2018, when it gave way. When the plaintiff put his foot on the second step, the tread detached from the stringer, his right foot struck the pavement and he fell onto his back, according to the lawsuit.

The plaintiff initially felt pain in his lower back and right foot, but he did not seek medical treatment until four days later when he saw his primary care physician. His back pain initially subsided but the pain in his right foot and ankle got worse. In January 2019 he underwent surgery for injuries to his foot. But his recovery did not go as planned, according to the lawsuit.

A year after the incident occurred, a pain management specialist diagnosed the plaintiff with complex regional pain syndrome (CRPS), a condition in which a patient experiences more pain than would be expected from their injury.

The plaintiff later developed left knee instability due to overuse of that leg and a meniscus tear, which were both repaired in an operation in January 2021. He was further diagnosed with focal midline disc herniation superimposed on an underlying disc bulge at L5-S1, and L4-L5 disc bulge, and meniscus tears in his left knee, according to his suit. As a result of his many physical problems and chronic pain, the plaintiff developed severe persistent depression and other psychological illnesses. After all was said and done, this plaintiff required approximately 100 operative procedures after the accident, according to court documents. At the time of the settlement, the plaintiff was unable to walk, bathe, or dress himself. He frequently experiences nausea and vomiting because of the pain.

The case 

The plaintiff filed his case against the condominium association in December 2019. In July 2022, a judge granted the plaintiff’s request for partial summary judgment on res ipsa loquitur, meaning the “thing speaks for itself.” In other words, the court was able to infer negligence based on the circumstances of the case without the plaintiff making specific pleadings related to negligence. That allowed the plaintiff to shift the burden of proof to the defendants who were called to explain why the steps collapsed for some other reason than negligent maintenance. The defense managed to proffer no excuse for the stairway collapse.

Talk to a Jacksonville, FL Personal Injury Lawyer Today 

Gillette Law represents the interests of those who have been injured due to negligence. Our attorneys help plaintiffs file lawsuits and recover damages related to their injuries. It’s important to understand that you will only get one chance to settle your claims against the negligent company. You need an attorney who will fight tirelessly to ensure that you recover a fair settlement from the defendant. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.

Source:

law.com/njlawjournal/2024/03/19/parties-reach-15m-settlement-for-slip-and-fall-that-necessitated-about-100-operative-procedures/