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Posted in Recent Success on November 10, 2020   |  by Gary Burger

Confidential Settlement for $110,000

Our office was referred a case from another lawyer to file a lawsuit after initial settlement discussions were not successful.

The Injury Case

On June 5, 2018, our client was shopping at a store in St. Louis County. While he was shopping, an unsecured PVC pipe fell out of the rack and onto his foot, fracturing his toe.

We alleged this was a dangerous condition of the property – the PVC pipes were stored too high enabling them to fall if anyone was taking them down. Defendant knew that people would take these down.

Our client was taken immediately after the incident to the emergency room via ambulance. During his evaluation, emergency room staff contacted a podiatric surgery specialist, regarding his toes. This doctor recommended that our client be seen as an outpatient in his office the next day. He was and had a displaced fracture of his left big toe.

Our Client's Medical Treatment

On June 15, 2018, our client underwent an open reduction internal fixation surgery. During surgery a plate, four screens and packing were inserted and remain in place. After surgery, he received a bone stimulator due to the delayed fusion of the multiple breaks in his toe.

A few months later, in October, his wound was not healed from the surgery. He had moved out of state to Maine, and therefore had to be seen by a new podiatrist. This doctor ordered a biopsy and a bone scan of his toes.

It was determined that some of the pieces of packing migrated becoming problematic and causing the wound to not heal. This doctor performed an in-office extraction of the packing pieces that had migrated which allowed his wound to heal.

Burger Law Wins the Case

We filed suit, did depositions and had taken the treating doctors depositions by zoom recorded video.

We asserted that the Defendant failed to properly stack and secure the merchandise on the shelves causing a dangerous condition and failing to protect or warn invitees, including Plaintiff of the dangerous condition which contributed to Plaintiff's injury.

We were successful in obtaining a settlement during mediation. Our office will be working to get the medical liens reduced and paid for the client as well as sending a co-counsel referral fee check to the referring attorney.

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