Posted by Gary Burger on November 8, 2017 in Successes
My firm recently settled a claim for $66,000 for our client, Janine, during a mediation against Walgreens and several other Defendants.
Janine went to Walgreens in January 2015, in Chesterfield, Missouri, and slipped on black ice in the parking lot. She fell down and hurt her knee and foot. Janine immediately notified Walgreens’ management.
The Defendants refused to compensate Janine for her injury, so we filed a lawsuit, took depositions and began to get the case ready for trial. We discovered that Janine had not noticed any ice while going into the store and slipped on the ice when she came out. There were no witnesses.
Janine was treated by several doctors and she had to have two knee surgeries. Her second surgeon said that the required surgery was unrelated to her fall but was instead a degenerative condition of her knee.
The last challenge of Janine’s case was identifying who are the proper defendants. When we sue a landowner, there are usually multiple parties: a corporation that owns the actual land the store is built on; a company that owns the store and is usually a franchisee for a parent company; a management company for the property; and someone who is contracted to shovel and clear the ice and snow.
In Missouri, all store owners have a duty that they cannot delegate to provide a safe parking lot and entry and exit to their facility. However, it is quite a logistical challenge to sue multiple entities for a standard claim. Amazingly, we have ten current cases where this is happening.
Janine had $12,334 in medical bills that she had already paid, and we were able to get her $50,000, in addition to the money for her bills. We were glad to resolve the liens in her case and get additional money for Janine, as she had missed work after the injury and surgeries.
It was gratifying after such a drawn out process to get Janine a good monetary recovery.