Posted by Gary Burger on October 4, 2018
$0 to $70,000.
We got a great settlement for Rhonda Griffin in her slip case. Rhonda was at the Florissant Hill Plaza for a fundraiser for her high school reunion class – she is an active alumnus.
She was leaving a store when she hurt her knee.
She stepped off a curb onto the parking lot and was walking on asphalt when she slipped and twisted her knee. She did not fall but had immediate knee pain and complained about it to nearby business owners.
She didn’t seen why she slipped, so looked. What she found out was surprising: there was a drain from the room onto the parking lot that causes water and build up of slick algae on the parking lot.
We have all encountered this while walking in creeks – slick algae where there is constant moisture. As it builds up these areas can be very slick and dangerous.
Not what you want on a parking lot with customers going in and out of stores from their cars. She came back the next day and took pictures.
She not only saw this herself, she inquired of the owners of two stores she had been visiting. We learned there was a constant slick spot there and they had complained about it to the owner. We took recorded statements of them.
We tried to settle the case, but nothing was offered.
We filed suit and litigated the case (as we usually do). We exchanged discovery, got pictures from the Defendant and took a designee deposition of the Defendant.
The defendant made some significant admissions. He wasn’t a bad guy, and acknowledged that this could be a dangerous condition on this property but wasn’t particularly sure.
We established liability and then pushed for a settlement. We got an amazing settlement for Rhonda. We took this case form a zero offer to a $70,000 settlement.
Rhonda was psyched about the result – we got her $30,000 more than she expected.