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Case Results

NEGLIGENT SUPERVISION -  $2.1 million

A fifteen year old minor is remanded to a youth shelter. He threatens upon admission to hang himself from a bunk bed with a leather belt. The youth shelter inexplicably assigns him to a bunk bed room and allows him access to a belt. He is then found hanging from a bund bed causing serious and catastrophic brain injuries, coma. The shelter staff waste critical time looking for a camera to take pictures of the minor instead of immediately calling for paramedics and other assistance. When paramedics finally arrive they transport him to a local hospital where he would later tragically pass away. A law suit was filed on behalf of the bereaved parents seeking justice for the loss of their child. After protracted litigation, the shelter settled for $2.1 million at Mediation.

NEGLIGENT MAINTENANCE OF PUBLIC SIDEWALKS/HAZARDOUS PUBLIC SIDEWALKS - $450,000.00

A 37 year old male riding a bicycle on a public sidewalk in the evening on a dimly lit street is struck on the face and neck when he violently collides with a metal cable that was not visible yet was hanging approximately five feet above and across the sidewalk. The cable ran down from a wooden electrical pole and was owned and negligently maintained by a local cable television company. He is thrown off his bicycle and nearly impaled by the collision. He is taken by ambulance to hospital for emergency care and treatment for his severe trauma related injuries to his face and neck. As he continues to experience severe neck pain, he subsequently undergoes multiple cervical surgeries. He sustains massive pain and suffering, permanent scarring, lost wages, medical and hospital bills and is given a 15% permanent impairment by his neurosurgeon. Prior to filing a lawsuit the cable company settled this matter for $450,000.00.

22 Year Old Female’s Brakes Fail After Servicing, Suffers Serious Injuries In Car Accident

A 22 year old plaintiff on her way home after having her car’s brakes serviced, can’t stop her vehicle and collides with another car in Broward County. She suffers serious neck and shoulder injuries and is forced to miss time from work. An expert witness determines that the service station was negligent in failing to properly bleed and service the brakes which in his considered expert opinion caused the brake failure and the resulting inability of the plaintiff to stop her car in time to avoid the car accident with the third party vehicle. She seeks medical treatment with a Board Certified Orthopaedic Surgeon. After months of therapy and cervical epidural injections, she elects to have surgery to ameliorate the intense daily pain she suffers. A claim is being made to compensate her for her pain and suffering, economic damages which include lost wages and surgical bills.

Young Woman At Hollywood-Fort Lauderdale International Airport Slips and Falls In Negligently Maintained Ladies Room.

A 30 year old female on vacation in South Florida and on her way home out of state, slips and falls in a ladies room in Hollywood-Fort Lauderdale International Airport sustaining extremely serious injuries. One of the bathroom stalls had seriously malfunctioning spewing urine and fecal matter over the ladies room floor. There were no warning signs or postings warning travellers of the condition. Her fall is witnesses by a fellow female traveller who assists her in notifying the appropriate airport authorities. Upon her return home she seeks medical treatment with an Orthopaedist and a Neurologist who both find that she has sustained knee and lower back injuries as a direct result of her fall. A claim is made against the maintenance company claiming negligence in the maintenance of the restroom and requesting compensation for her pain and suffering, lost wages and medical bills. The matter is settled obviating the need for litigation.

Guest At South Florida Hotel Slips And Falls On Painted Outdoor Ramp

A 52 year old plaintiff on vacation in South Florida with her daughther slips and fall on an outdoor ramp that is painted with what is upon information and belief believed to be indoor paint. The ramp has no handrails and it directly under a rain gutter. At the time of the plaintiff’s accident it had been raining and rain water was pouring out from the gutters, which apparently had not been cleaned or maintained for some time, onto the painted ramp. As the plaintiff proceeded onto the ramp she slipped and fell on the slippery painted surface of the ramp fracturing her right elbow. She presented immediately to a local hospital’s emergency room for immediate medical care and treatment where the above diagnosis was made. A lawsuit has been filed in Broward County Circuit Court seeking compensation for the plaintiff’s extreme pain and suffering, and her economic damages which include past. present and future lost wages and medical bills. The lawsuit claims maintains that the hotel was negligent in having a ramp on it’s premises which did not comply with county and state building and safety codes and in it’s failure to maintain the rain gutters.

17 Year Old Male At Unsupervised South Florida Super Bowl Party Falls Off Balcony When Railing Breaks

The plaintiff a 17 year old male in South Florida attends a friends Super Bowl party where alcohol is served to minors. The renters of the home, the hosts of the party, are aware of the presence of underage children in their home but allow alcohol to be served nontheless. As the plaintiff proceeds with his girlfriend to the second floor of the home, he is approached by another minor male that is clearly intoxicated. Unprovoked, this male pushes the plaintiff up against the railing on the second floor. As the plaintiff is struggling to fend off this assault and battery, the railing collapses and the plaintiff plunges to the ground below sustaining near life threatening injuries. All the while there were no adults present to prevent the assault and battery which would have eliminated the chances of said accident occurring. After the fall, the adult hosts of said party do not render aid to the plaintiff and do not call for an ambulance. After the plaintiff’s sister arrives at the party and visualizes her brother’s near critical medical conditions she rushes him to a local hospital’s emergency room where he is diagnosed with severe traumatic injuries to his neck and back. A Neurosurgeon would subesequently perform several surgical procedures under general anesthesis, including a cervical disc fusion to ameliorate the severe daily pain tha that the plaintiff suffers. A claim has been filed against the homeowners insurance of the owner of the premises claiming the owner was negligent and allowed the accident occur in failing to inspect, maintain and repair said railing, and in further failing to supervise minors on their premises and to otherwise allow alcohol to be be served to underage minors on their premises. The claim requests compensation for the plaintiff’s extreme pain and suffering and medical bills.

Police Aide Responding To An Accident Hit By Car

Plaintiff, a 32 year old Police Aide in South Florida, responds to the scene of the accident in Broward County, Florida. While rendering support she is physically hit by another vehicle and she sustains serious injuries to her right knee, right hip and back. She is transported by ambulance paramedics to the hospital for emergency treatment. Followup medical treatment reveals that the plaintiff sustained internal derangement of the right knee, Chondromalacia of the patella and lumbar pathologies. The insurance company for the vehicle that struck the plaintiff settled her claim for negligence for their insured’s bodily injury policy limits. Allstate Insurance Company, the third party insurance company for the vehicle that caused the accident that the plaintiff initially responded to, and denied any liability for the plaintiff’s injuries. A lawsuit will be filed claiming that it’s insured’s negligence placed the plaintiff in a foreseeable zone of danger in which she was struck by the second vehicle.

Students Returning Home From Graduation Celebration Crash on Florida Turnpike

A 20 year old male and other students returning home to South Florida from a private school graduation celebration in Orlando’s Universal Studios crash and are ejected from a Chevrolet Suburban when the driver, a 17 year old fellow student with a Florida learner’s permit, falls asleep while operating the vehicle. The vehicle flips over several times killing the sole teacher with the group and one student. None of the passengers were wearing seat belts. The trip had been planned and supervised by the defendant private school and the school had promised the parents of the students that they would hire a bus coach for the trip. Instead they utilized a private vehicle and the only teacher with the group permitted the minor to operate the vehicle allegedly stating that he was too tired from the day trip to drive the vehicle. Florida law states that a driver with a learners permit can only operate a vehicle from sunrise to 10 pm and only when a licensed driver who is at least 21 years of age is present in the front passenger seat. In this case, the crash occured before sunrise and the teacher who deceased as a result of this crash was the only licensed driver in the group who was at least 21 years old and he was seated at the rear of the suv. Florida Highway patrol is in possession of the vehicle in question and isconducting an investigation. As of this writing no criminal charges have yet to be filed. A civil lawsuit may be filed claiming that the school was negligent in permitting a non-licensed minor to operate it’s vehicle; in failing to assure that all students under it’s care, custody, and superivision were at all times seat-belted and in failing to otherwise protect and insure the safety of the students in their charge. The minor driver and his parents as well as the estate of the deceased teacher shall also be joined as party defendants.

Slip and Fall On Way To Doctor’s Office, Suffers Multiple Fractures

A 73 year old male plaintiff while on the premises of his physician’s medical plaza slips and falls on water on the tiled floor in the common area walkway leading to his doctor’s office. As it was raining on the day of the accident and as the common area walkway is exposed to the elements, the tiles were wet from other patrons and business invitees walking through the area. The tiles in question were in fact indoor tiles illsuited to a common area walkway that is well travelled by the public. The defendant landowner either knew or should have known that these tiles would become extremely slippery when exposed to rain water and other elements and therefore posed an unreasonable risk of harm to the plaintiff and other business invitees to which it owed a duty of care. The plaintiff after being placed in a wheel chair by his physician’s staff, was forced to wait several hours before an ambulance was called to transport him to a hospital. He was complaining of extreme and severe pain in his left knee and right shoulder. Fire rescue services ultimately transported him to Palm Springs General Hospital in Miami for emergency treatment. At the hospital he was diagnosed as having sustained a fracture of the left patellar and a non-displaced impacted fracture of the right humeral neck and fracture of the humeral head of the left shoulder. The plaintiff would later undergo an open reduction and internal fixation of the left patellar fracture and a subsequent procedure several months later to remove the left patellar retained pins. The plaintiff sustained and incurred over $41,000.00 in medical bills and insurance liens as a direct result of the injuries he sustained in this slip and fall accident. Prior to his accident, the plaintiff was independent with regard to all of his daily activities and did not require help with walking. He now requires the help of family members. The liability of the defendant lies in it’s failures to have posted wet floor signs; to have cleaned and dried the area in question; or to have otherwise warned the plaintiff of this extremely dangerous condition that existed on it’s premises. A demand for settlement has been forwarded to the insurance carrier for the defendant and settlement negotiations are underway.

Assaulted In Night Club, Massive Facial Scarring

A 25 year old male while attending a prominent Miami night club and present in the VIP section with his girlfriend is assaulted by fellow patron in in the presence of four club security personnel. The offending patron was witnessed pointing and yelling obsenities at the plaintiff for at least five to ten minutes prior to the attack. The defendant was seated at a table immediately next to one of the two entrances to the VIP section, where two of the four club security personnel were seated. The remaining two security officers were posted at the other entrance to the VIP section. The night club’s agents and employees were by virtue of their proximity to the defendant in a position to recognize the danger to the plaintiff. The defendant did strike the plaintiff in the head with a bottle, shattering the bottle, and causing the plaintiff to fall to the ground. The defendant did continue the flagrant and brazen assault by stabbing the plaintiff multiple times in the chest and shoulder. This assault took place in clear view of the club’s security officers who took no action whatsoever to either prevent the assault or to stop it once it began.  The Miami Police Department was called to the scene and the defendant was arrested and charged with assault and battery. The plaintiff was transported by ambulance to a nearby hospital where multiple sutures and staples were applied to treat and close his serious wounds from which he was bleeding profusely and uncontrollably. A claim is pending against the night club for negligent security in that they failed to provide security personnel with the requisite background, training and experience to work in and to provide security for a night club. The plaintiff has a raised irregular scar 4cm in length on his forehead which shall according to the plaintiff’s plastic surgeon require a surgical revision to repair. The scar is clearly visible at a conversational distance. A demand for settlement has been forwarded to the insurance carrier for the night club and settlement negotiations are underway.

Dog Hit By Speeding Car, Leg Amputated

Plaintiff’s Siberian Husky dog was hit by a speeding car while on a leash in Fort Lauderdale, Florida. The police investigation revealed that the driver of the automobile was exceeding the legal speed limit, was lost and was looking for directions and did not see the dog in sufficient time to stop. Pictures taken at the accident revealed skid marks of approximate 10 feet in length evidencing a furious attempt to stop the vehicle. The dog was taken to a local veternarian hospital in Broward County where it’s left leg was amputated. The plaintiff, owner of the dog, incurred approximately $6000.00 in out of pocket medical expenses as a result of his dog’s severe injuries which were not covered by insurance. State Farm Insurance Company, the insurance carrier for the car in question, while initially denying all liability and negligence on the part of it’s insured for the accident, agreed to settle to the matter out of court.

23 Year Old Male Hit By Car While Driving Motorcycle Without A Helmet

A 23 year old male while driving a motorcycle was hit in the front of his motorcycle by a defendant vehicle which ran a red light traffic signal in violation of the motorcycle’s right of way. The driver was taking his girlfriend to work and she was riding as a passenger on the back of the bike. He was not wearing a protective helmet as he had given the helmet to his girlfriend to wear. The driver and his girlfriend were both thrown from the bike by the force of the impact and did both violently land on the concrete paved roadway. The driver suffered massive injuries to his head and body and was air-evacuated from the scene by helicopter to Jackson Memorial Hospital’s Ryder Trauma Center where he remains in coma and in critical but stable condition. The motorcycle was destroyed. The driver’s girlfriend was seriously injured as well and was transported to the hospital. The family of the driver retained this firm to pursue a personal injury case against the owner and driver of the vehicle involved in the catastrophic car accident.

26 YEAR OLD MOTHER OF TWO HIT BY DELIVERY TRUCK AND KILLED

A 26 year old mother of two young, minor children while a passenger in a friend’s rental car was killed when the car was broadsided and violently struck by a delivery truck that sped through a yellow and red light. While initially surviving the accident she later succombed that day to her multiple traumas at a nearby hospital. While the police investigation into this fatal crash found that the driver of the decedent’s vehicle was at fault for the accident, witnesses reported, however, that the delivery truck misjudged the traffic signal and attempted to run the red light and crashed into the decedent’s vehicle. The decedent’s vehicle, according to witnesses, had a green turn arrow permitting them to make a u-turn when they were struck on the passenger side of the vehicle by the speeding delivery truck. The decedent was present in the rear seat of the vehicle with her three year old son who survived the accident. The other female passenger and the driver of the vehicle were injured but survived the accident. As the decedent was a resident of Virginia at the time of her untimely death an estate is being opened in Virginia and a request for an appointment of her mother as the personal representative of her estate has been set. The decedent’s mother is seeking legal custody of her grandchildren. A wrongful death claim on behalf of the decedent’s three survivors, her two minor children and her mother is pending against the owner and the driver of the delivery truck and the operator of the decedent’s automobile.

EMPLOYEE OF DEPARTMENT OF HOMELAND SECURITY SETTLES WITH ALLSTATE AFTER LITIGATION

35 year old employee of Homeland Security severely injured in an accident caused by the negligence of a defendant driver insured by settled his case with Allstate Insurance Company after litigation and discovery including a deposition. An initial offer tendered by the insurance compnay had been rejected by the Plaintiff pre-litigation as woefully insufficient to compensate him for his contuining pain, suffering, lost wages and medical bills. The plaintiff proved to be a very credible and sincere witness at his deposition which more likely than not prompted a settlement offer which led let to the ultimate resolution of this matter. The plaintiff had sustained serious back and neck injuries in this rear end collision which forced him to undergo surgery as conservative measures failed to ameliorate his pain and to incur over $45,000.00 in surgical and other medical bills.

MACY’S DENIES LIABILITY WHEN CUSTOMER FALLS ON SANDY DEBRIS ON FLOOR LITIGATION TO ENSUE

While accompanied by his girlfriend, a 45 year old male on a visit to a South Florida Macy’s Department store falls on sandy debris on floor in jewelry department tearing the meniscus in his right knee requiring arthoscopic surgery. His fall is witnessed by his girlfriend. He incurs over $45,000.00 in medical and surgical bills. Macy’s denies fault and responsibility for th Plaintiff’s fall and offers him $10,000.00 to settle the matter. The plaintiff maintained that Macy’s was negligent in failing to clean the floor in question or to otherwise warn him of the dangerous condition that existed on the floor. Macy’s maintains that the floor was clean and that they had no further responsibility to the plaintiff. The plaintiff rejected Macy’s settlement offer and the matter is being prepared for litigation in an attempt to compel Macy’s Department Stores to be held accountable for all of the Plaintiff’s economic and non-economic damages.

VISITOR TO SOUTH BEACH HOTEL SLIPS AND FALL ON MARBLE TILE FRACTURES ANKLE

50 year old Plaintiff on the first day of a day holiday in South Beach in Miami slips and falls on marble tile on an outdoor stairway exiting to the street, badly fracturing her left ankle. She is taken to the hospital, treated and returns to the hotel where she is confined to her room for the duration of her stay. A claim is filed against the insurance carrrier for the hotel who argues that as the hotel is so old, applicable Miami-Dade County and State of Florida building and safety codes do not apply. The plaintiff made the argument, that the risk perceived defines the suty owed in so much as the tile in question placed outdoors was clearly indoor tile which can be very slippery when wet and as the hotel is located near the beach where an abundance of sand, salt and condensation can be will consitently buildup on those steps that the hotel should have foreseen a risk of harm to it’s guests ands taken appropriate action notwithstanding the aforementioned code issues. The carrier settled the matter pre-suit.

BUSINESS INVITEE SUSTAINS LEFT ANKLE FRACTURE AND BACK INJURIES IN MARSHALLS DEPARTMENT STORE

35 year old female plaintiff while shopping at a Marshalls store and thus lawfully present on their property did slip and fall on a puddle of water directly outside a fitting room. As she fell she twisted her left ankle and landed on her left knee. Her left ankle began to immediately swell at the scene.The accident was witnessed by the fitting room attendants, a store incident report was filed and the plaintiff was transported by ambulance to the nearest hospital. She was there diagnosed with a left ankle fracture and her orthopaedic surgeon later found that she had also sustained serious injuries to her lower back. The plaintiff’s surgeon performed a lumbar discography and lumbar discectomy. A demand for settlement is pending seeking compensation for her outstanding surgical and medical bills, her lost wages and her pain and suffering. Failing a good faith resolution of this matter, a law suit will be filed claiming that Marshalls liablity lies in it’s failure to take any and all reasonable measures or steps to protect, warn, or eliminate a dangerous condition of which it hd actual and constructive notice.         

HOMELAND SECURITY EMPLOYEE INJURED IN CAR CRASH

A 28 year old Plaintiff, employee of the Deparment of Homeland Security, who was on the job for two weeks is involved in a serious car accident in Broward County, Florida. His vehicle is hit head on by a vehicle which improperly and recklessly entered his lane of traffic. Emergency services and fire rescue personnel immediately arrived at the scene and transported him to a nearby hospital’s emergency room for treatment. The reckless driver was given police citation at the scene for reckless driving and failure to yield the right of way in violation of Florida Statutes. After being treated and released by the hospital, the Plaintiff comes under the care of a board certified Orthopaedic surgeon who after conservative treatment recommends surgery and later performs a lumbar discectomy with the Plaintiff’s informed consent. The surgeon later acribes to the Plaintiff a 12% permanent impairment as a result of the injuries sustained in this accident. A demand for settlement in the amount of $150,000.00 is tendered. The third party carrier responded with an offer of $30,000.00. The carrier has been notified that a lawsuit seeking fair compensation for Plaintiff’s pain and suffering, present, past and future and for his economic damages which include medical and surgical bills over $50,000.00 will be imminently filed failing a good faith pre-lawsuit resolution.     

MOTOR VEHICLE ACCIDENT UNINSURED MOTORIST CLAIM

35 year old male working for UPS and driving a UPS truck is struck by a car that exceeded the speed limit and did run a red light. The defendant driver did not carry Bodily Injury coverage on her automobile insurance policy. She carried PIP and property damage coverage alone. While ths is permissable in Florida, I strongly urge all of my clients to carry both Bodiliy Injury coverage and Uninsured Motorist benefits on any car they have in their household. While the Personal Injury Protection benefits would pay the defendant’s medical bills and lost wages they would not pay for the plaintiffs medical bills or compensate him for loss of wages. The plaintiff did not own an operable vehicle and thus was entitled to bring both a workers compensation claim and an uninsured motorist claim against United Parcel Services’s uninsured motorist policy for the coverage on the UPS truck. The plaintiff missed six months of work due to the injuries he sustained in this accident. UPS’s carrier after receipt of Plaintiff’s hospital records and orthopaedic surgical records, workers compenstion records, agreed to settle this matter.

AUTOMOBILE ACCIDENT

Woman and her husband are involved in a serious automobile accident while on their way home from work. They are struck in the rear of their car while waiting at a red light. They heard no screetching of brakes by the defendant which is an indicagtion that the defendant was of course attempting to stop. The defendant apologized to the plaintiffs at the scene, acknowledging responsibility for causing the crash. As the plaintiffs wre both experiencing bank and neck pain they were transported by ambulance to a nearby hospital’s emergenccy room. They later both required back and neck surgeries and were ascribed significant permanent impairment ratings by their Orthopaedic Surgeon. The defendant’s insurance carrier tendered the policy limits for each plaintiff in settlement of their claims to prevent the filing of lawsuits seeking compensation for pain and suffering. lost wage and outstanding medical bills.

NEGLIGENT MAINTENANCE OF PREMISES

A fifty-five year old man while seated in his living room of his rental unit is struck in the head by large pieces of the plaster as the ceiling above him collapses. The landlord had many prior warning and thius had actual notice of water damage to the ceiling in the Plaintiff’s unit and others in the Plaintiff’s building. Plaintiff is rushed to the hospital by ambulance with multiple head and facial lacerations, cuts, bruises, and severe back and neck pain. As the landlord sent a maintenance crew to the Plaintiff’s apartment unit the same day of the accident to repair the ceiling, the landlord’s insurance carrier’s claim of lack of notice of the accident had no credibility. A demand for the Plaintiff’s damages including physical and emotional pain, suffering, medical bills was submitted and the insurance company for the defendant landord settled out of court.

WRONGFUL DEATH - EMPLOYER VICARIOUS LIABILITY FOR THE NEGLIGENCE OF AN EMPLOYEE WHILE ON THE JOB

24 year old male and employee of K-Mart is crushed and killed by a forklift while on the job. He had been hanging onto to the outside of the forklift while it was moving and being operated by a fellow employee.He fell off the forklift when it struck a depression on the sidewalk and road. While the victim pleaded with his fellow employees to move the forklift as it was in the process of crushing him, K-Mart employees waited for emergency services and ambulance personnel after making a half-hearted attempt to lift the forklift off the plaintiff by hydraulic jack. The employee operating the forklift did not have the appropriate training or experience to operate that machine. While Florida law allows a death benefit for some of the victim’s surviving  family members a further Negligence and Wrongful Death claim against K-Mart shall be made in an attempt to pierce Florida’s Workers Compensation Immunity umbrella claiming that K-Mart was grossly negligent and reckless in allowing an untrained employee to operate dangerous machinery in a completely unsupervised environment.

NEGLIGENT SUPERVISION

A fifteen year old minor is remanded to a youth shelter. He threatens upon admission to hang himself from a bunk bed with a leather belt. The youth shelter inexplicably assigns him to a bunk bed room and allows him access to a belt. He is then found hanging from a bund bed causing serious and catastrophic brain injuries, coma and death. The shelter settled for a confidential amount.

AUTOMOBILE NEGLIGENCE

A six year old girl is struck by a motor vehicle while crossing a the street to purchase an ice cream cone from an ice cream truck that was illegally parked on a grassy berm and was ringing it’s chimes. The six year old sustained multiple fractures and other serious injuries to her head, face and legs. The insurance company for the automobile involved in the accident settled for the policy limits and the insurance company for the ice cream truck agreed to a settlement as well.

HIGHWAY COLLISION

A 45 year old male involved in a serious five car accident on the interstate highway sustained serious back injuries and scarring. He also lost time from work and suffered lost wages, medical bills and other serious economic losses as a result of the accident. The defendant and its insurance company settled the case only upon the filing of a lawsuit to fairly compensate the plaintiff for his injuries, lost wages and pain and suffering.

PREMISES LIABILITY

A 50 year old male upon exiting the premises of a coffee and donut shop slipped and fell on a ramp that failed to comply with State and County building codes causing serious injuries to his face and legs and sustaining lost wages and medical bills. This matter settled in lieu of litigation.

If you are in need of a personal injury attorney in Florida, contact the Law Offices of David Fuchs. We offer a Free Consultation to answer your questions about your case and discuss your options.

CAR ACCIDENT

23 year old involved in an automobile accident where he is struck in the rear by a vehicle which is negligently violating the rules of the road by speeding. His car is determined to have sustained sufficient property damage as to render it a total loss. Although seat belted, he suffers substantial injuries to his neck and lower back, necessitating surgery. He incurs large medical bills, loss of wages and other economic damages. As his pain and suffering is proven to be permanent, the defendant’s insurance carrier settles for the policy limits.

PREMISES LIABILITY -RESTAURANTS

45 year old female on business trip to Florida slips and falls on a runner covering uneven steps in a restaurant as she is being led by the hostess to her table severely injuring her left knee which violently impacts with defendant’s tile floor as she falls forward. She is taken by ambulance to a hospital and later undergoes massive reconstructive knee surgery. She continues to experience severe pain and suffering. Her orthopaedic surgeon subsequently gives her a 25% disability rating. She loses her job, suffers over $50,000.00 in lost wages and incurs $48,000.00 in medical bills. An Expert Witness will testify that the restaurant was per-se negligent in having uneven flooring that failed to meet State and Local building and safety codes. A Claim has been made against the restaurant’s insurance carrier for her pain, suffering, lost wages, medical bills and other damages.

NEGLIGENT MAINTENANCE OF PUBLIC SIDEWALKS/HAZARDOUS PUBLIC SIDEWALKS

A 37 year old male riding a bicycle on a public sidewalk in the evening on a dimly lit street is struck on the face and neck when he violently collides with a metal cable that was not visible yet was hanging approximately five feet above and across the sidewalk. The cable ran down from a wooden electrical pole and was owned and negligently maintained by a Cable Television company. He is thrown off his bicycle and nearly impaled by the collision. He is taken by ambulance to hospital for emergency care and treatment for his severe trauma related injuries to his face and neck. As he continues to experience severe neck pain, he subsequently undergoes multiple cervical surgeries. He sustains massive pain and suffering, permanent scarring, lost wages, medical and hospital bills and is given a 15% permanent impairment by his neurosurgeon. A lawsuit is pending against the Cable Company.

AUTOMOBILE ACCIDENT/SERIOUS TRAUMA, CONTESTED LIABILITY

18 year old male in motor vehicle collision when defendant driver negligently runs red traffic signal and broadsides his vehicle. His car is completely destroyed. For property damage purposes it is classified as a total loss. He loses consciousness after impact and is extracted by Fire Rescue and Emergency Services and Ambulance personnel by “jaws of life”. He is taken to hospital and diagnosed with a fractured pelvis and other serious trauma related injuries including, but not limited to, a massive laceration on his right hand which has led to permanent and significant scarring. He suffers massive pain and suffering, medical bills, lost time from work and commensurate lost wages, and is a candidate for cervical and lumbar surgery. While the defendant’s insurance carrier contested liability on the grounds that he was given a citation for the accident, as the charge was dismissed, they ultimately tendered their insured’s policy limits as did the uninsured/underinsured motorist carrier.

SUPERSTORE NEGLIGENCE/ NEGLIGENCE OF EMPLOYEE

50 year old female purchases bricks and landscaping for her home at local superstore. Employee of said store negligently packs and over stacks the bricks in her shopping cart. Upon exiting store and entering parking lot she struggles to maintain control over the cart as the weight of the bricks in the overloaded cart cause the cart to tip over and causing her to violently fall onto the ground striking her knees, face, hands, and hurting her lower back, neck, ankles and both wrists. She is evacuated from the scene by fire rescue and ambulance and taken to a hospital. She is later found to have sustained very serious injuries to her neck and back which are permanent in nature. She makes a claim against the superstore for her pain and suffering, lost wages, loss of consortium, medical bills and other expenses, losses and damages that resulted from her slip and fall due to the carelessness and negligence of the store’s employee and agent. The superstore agrees to settle the matter to avoid the filing of a lawsuit.

TRUCK ACCIDENT/MOTORCYCLE

21 year old male driving and riding a motorcycle on a public interstate highway hit by a tracter trailer truck which negligently and recklessly enter his lane of traffic when truck attempts to exit highway. He is wearing a helmet but is thrown off the motorcycle, his body hitting and violently impacting with the road. He sustains and suffers severe trauma injuries to his head, neck, arms, shoulder, back, legs and ankles. He is take to hospital and admitted where is also found to have suffered brain trauma, massive lacerations and scarring that would be permanent as a direct consequence of his impact with the hard asphalt surface of the road payment. He makes a claim for the negligence of the truck driver seeking compensation for his massive pain and suffering, loss of consortium, loss of income and wages, doctors and hospital bills, health insurance liens, and other economic and non economic losses and damages. A lawsuit is pending against the trucking company.

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