FLEMKE v. CVS PHARMACY

Brian Frank LaBovick

Case Conclusion Date:December 19, 2007

Practice Area:Personal Injury

Outcome:Verdict for Plaintiff $500,000

Description:On November 30, 2005, Tod R. Flemke entered CVS Pharmacy in Lake Worth, Florida at 9:30 p.m. to purchase shaving equipment. At the same time, a CVS employee was preparing to vacuum the store. The employee had already plugged in the vacuum cleaner into the center aisle. As Mr. Flemke was walking down the center aisle, he slipped/tripped and fell over the plug. An independent witness testified that she saw Mr. Flemke fall over the vacuum cleaner’s plug or orange covered cord. There were no caution signs present around the plug, cord, or vacuum cleaner. The Plaintiff suffered low back pain as a result of the fall. The Plaintiff was diagnosed with herniated discs at L4-5 and L5-S1. On March 8, 2006, Plaintiff underwent a discogram, which revealed the majority of pain was coming from L4- 5 Level. The Neurosurgeon, Dr. Charles Theofilos, performed nucleoplasty at that level. Plaintiff is no longer able to exercise the same way, he is able to perform all of the basic activities of daily living, he cannot work as many hours as he used to, he cannot fly in a small plane without back pain. He suffers daily back pain and controls the pain with daily medicine. Plaintiff may need a two level spine fusion in the future.