Premises Liability – Trip & Fall at Workplace

Dan R. Denton

Case Conclusion Date:November 7, 2007

Practice Area:Personal Injury

Outcome:$5,981,690.00 jury verdict, reduced to $3,589,014.00 due to Plaintiff’s comparative negligence of 40%. Additionally, a workers’ compensation lien was negotiated and client will have life-time medical benefits.

Description:Client was 34 year old female who managed a Lillian Vernon store in a new shopping center in Bluffton, SC. The electrical sub-contractor left a grounding rod exposed above the sidewalk behind the store where employees take boxes to a nearby box crusher. The rod was 5.5 inches high and 17 inches from the wall. At dusk, client was pushing a loaded cart on the sidewalk and tripped on the rod and fell, resulting in cervical disc herniations and right shoulder rotator cuff injuries. She required surgeries,resulting in chronic neck pain and right arm pain and numbness. She became totally disabled and required the use of a morphine pain pump. The case was complicated by the fact that client had a previous neck injury requiring surgery 4 years before the accident (but she had an excellent recovery) and she was in two auto accidents during the year after the trip/fall. David H. Berry, Esquire, Hilton Head, SC, was co-counsel.