CASE RESULTS I PREMISE LIABILITY I PARKING LOT FALLS I PERSONAL INJURY SETTLEMENT I – $250,000 Jane Doe v. Store Owner, Commercial Real Estate Developer and Landscaper – Parking Lot Fall Resulting in Personal Injuries Due to Negligently Maintained Parking Lot Landscaping

CASE RESULTS I PREMISE LIABILITY I PARKING LOT FALLS I PERSONAL INJURY SETTLEMENT I – $250,000 Jane Doe v. Store Owner, Commercial Real Estate Developer and Landscaper – Parking Lot Fall Resulting in Personal Injuries Due to Negligently Maintained Parking Lot Landscaping

May 17, 2021

Injury/Claim Cause of Action Initial Defense Offer

Settlement

Left Ankle Fracture

Compound injury (bimalleolar fracture; medial malleolus fracture; oblique fracture of shaft of fibula)

  • Premises Liability – Failure to Warn; Dangerous Condition
  • Slips, Trips & Falls – Slip and Fall
  • Negligence – Negligently maintained Parking Lot
  • Negligence – Negligently maintained Landscaping

$ 0

(ZERO) – All Defendants denied liability

$ 250,000.00

(Two Hundred Fifty Thousand USD)

PERSONAL INJURY SETTLEMENT

Last Thursday, after six years of prolonged civil litigation, our offices secured a confidential personal injury settlement in a parking lot fall case for $250,000 (Two Hundred Fifty Thousand Dollars).

PARKING LOT FALLS

Back in October 2015, our client, Jane Doe, 50-years-old at the time, attended a birthday dinner for her granddaughter in Modesto, California.  Following dinner, Jane Doe walked across a small landscaped area that had become a point of ingress/egress for pedestrian traffic. Unbeknown to our client, the landscaped area of the parking lot had not been maintained and there was a dirt hole / steep drop-off in the dirt embankment. As our client proceeded to cross the parking lot landscaping her left foot fell into the hole and she heard a “pop” sound in her left ankle.  Emergency personnel rushed to the scene of the slip and fall accident.  Jane Doe’s diagnosis as a result of the parking lot fall included a compound left ankle fracture specifically: bimalleolar fracture, medial malleolus fracture, and an oblique fracture of shaft of fibula. Our client underwent three operations in her left ankle which spanned across a five-year period of treatment.

PARKING LOT LIABILITY

In response to this slip and fall incident all named defendants denied legal liability. The parking lot property owner whom is also the real estate developer shifted legal responsibility to the anchor store, whom ultimately shifted blame to the landscaping company. During the course of litigation we discovered that all named defendants were aware of the poorly maintained parking lot landscaping and the dangerous condition that existed, yet they all failed to take corrective measures. After an initial failed mediation, one of the defendants requested a second mediation. Plaintiff and all three defendants attended the second personal injury mediation last Thursday.  Following eight hours of negotiations, the parties resolved this slip and fall accident for a confidential personal injury settlement of $250,000 (two hundred fifty thousand dollars).

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Parking Lot Liability Questions or Involved in a Parking Lot Fall

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