A 52-year-old Blue Springs man who slipped and fell on a patch of black ice outside a Springfield motel has settled a premises liability claim against the owner for $250,000. Fiorentino David Leone injured his right side and shoulder, hip and back after the parking lot fall at the Days Inn-Springfield on Jan. 14, 2013, said St. Louis plaintiff's attorney Gary Burger.

Leone sued the hotel and the owner, Shri Ambe in Greene County Circuit Court in December 2013. The challenge, said Burger, was to establish liability without any witnesses to the fall. The defense also questioned why Leone - who didn't have health insurance, at the time because of a recent job change - didn't seek immediate care but instead waited four days before seeing a doctor and more than a year before undergoing surgery, Burger said. The hotel owner's attorney, Stephen Snead, did not respond to several interview requests.
Leone was eventually diagnosed with a torn rotator cuff in his right shoulder and a torn medial meniscus in his right knee. He had shoulder surgery one year after the fall and knee surgery about a year-and-a-half later, Burger said. A third surgery - a total hip replacement three years after the fall and shortly before the dispute entered mediation - was also attributed by Burger's client to injuries from the 2013 accident. Leone was diagnosed with acetabular dysplasia in his hip and a partial tear of a buttocks muscle.
The ice patch on which Leone slipped was formed by pooling water from a roof with no gutters, according to Burger. "The owner eventually said he knew an ice patch could develop there and had seen it in the the past," Burger said. "This was not a natural accumulation of ice... The ice from the roof of that area melted and dripped, forming a new patch on the ground." Photos from the hotel at the time showed a bowl placed on the ground to collect leaking water, Burger added. Leone submitted nearly $100,000 in billed medical expenses, with the slip and fall claim settled in January of this year and the court dismissing the suit in April after resolving a motion to adjudicate liens.

Request a Free Consultation

“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

Hurt? Hire Us Today or call (314) 648-8348

We Deliver Great Results

Over $170 Million won for our clients

$5,000,000 Settlement - Father Killed by Reckless Truck Driver

$5 Million

Personal Injury Lawyer, Gary Burger and Burger Law represented a family of a man killed ...

View Wrongful Death Result

$3 Million Judgment - Son Murdered by Pam Hupp

$3 Million

$3 Million Judgment. Gary Burger represented Margaret Burch, the mother of murder victim Louis Gumpenberger. ...

View Wrongful Death Result

$2.5 Million Settlement for Father's Fatal Car Accident

$2.5 Million

$2.5 Million Wrongful Death Settlement For Daughters of Fatal Car Accident Victim Gary Burger of ...

View Wrongful Death Result

Multi-Car Crash Caused by Debris from Commercial Truck - $2,000,000 Settlement

$2 Million

The St. Louis area personal injury attorneys at Burger Law represented a woman who swerved ...

View Truck Accident Result

Injured Woman Settles Highway Crash Lawsuit - $2,000,000 Settlement

$2 Million

In addition to the above case, you need to be creative in finding insurance in ...

View Truck Accident Result

$1.435 Million Settlement Against Three Defendants After Extensive Litigation

$1.4 Million

Gary represented the Macharias and settled the case for $1.435 million against three parties after ...

View Premise Liability Result

View More Results

Common Questions & Answers

Frequently Asked Questions

The success of your personal injury claim depends on many factors and a lot goes into determining the value of your case. Get a better understanding of what to expect and what you can do through our answers to some of the most common questions we hear from injury victims and their families.

View all FAQs

How To Choose The Right Personal Injury Lawyer For Me

How do you determine which personal injury lawyer is right for you? As you've undoubtedly heard the disclaimer at the end of TV and radio commercials for law firms: the choice of a lawyer is important and should not be based solely upon advertisements. The key is to speak with the lawyer and de …

View Full Answer

How Long Do I Have to File a Personal Injury Claim?

Do you know how long you have to file a personal injury claim? Or when the best time is to file one? Is it better to do it immediately after your accident or to wait until you know how significantly your injuries have affected your life? These are just the beginning of the string of questions t …

View Full Answer

What Tricks Do Insurance Companies Use To Avoid Paying Claims?

When you have a personal injury claim, be aware of the tricks insurance companies will use to try to avoid paying claims like yours. While there are some occasions where the defendant's insurance company will act in good faith and offer a fair settlement without extensive litigation, it is more co …

View Full Answer

View all FAQs