Slip and Fall on Painted Floor

Slip and Fall on Painted Floor Case

Past Cases & Results

SLIP AND FALL ON PAINTED FLOOR

DATE OF OCCURRENCE: 1/14/2005

CLIENT: A.D. (45 year-old male)

DESCRIPTION OF OCCURRENCE: While working as a security guard in a condominium building on Long Island, A.D. was on his way to have lunch when he walked across a freshly painted basement floor, which had no warning signs. He slipped and fell and landed on his back and buttocks.

INJURIES: L5-S1 herniated disc with L5 radiculopathy. Compression of lumbar nerve.

TREATMENT:

Surgery on 7/19/2007: left L5-S1 laminotomy and lysis of adhesions left S1 root of lumbar spine.

While all testing before surgery showed a herniated disc, on entering the spine, the surgeon found and addressed osteophytes, part of a degenerative process undoubtedly aggravated by the accident.

RESULT: Settlement for $650,000; additionally, an approximately $23,000 Worker's Compensation lien was reduced by 1/3 and paid.

OF PARTICULAR INTEREST HERE:

  1. Venue - While the accident occurred in a building on Long Island, we were able to commence A.D.'s lawsuit in Kings County (Brooklyn) because he resided there. This greatly enhanced the value of his case.
  2. Out of work - client never returned to work. While A.D. was a educated man and held licenses to sell real estate and life insurance, he was unable to sit, stand or walk for too long, even after his surgery.

    We retained a vocational expert who found that A.D. was unable to perform any Sedentary, Light, Medium, Heavy or Very Heavy work existing in the local or national economy on a sustained full-time, regular, competitive basis; he was unemployable.

ATTACHED: Two specially prepared medical drawings, depicting:

- Left L5 radiculopathy
(spinal nerve injury)


- Lumbar spine surgery on 07/19/07

Gary E. Rosenberg, P.C.

61-43 186th Street, Suite 524
Fresh Meadows, NY 11365

(718) 520-8787

Serving: New York City, including the Boroughs of Queens, Manhattan, Staten Island, and Bronx, and the Counties of Kings, Richmond, Queens, New York, Bronx, Nassau, Suffolk, Westchester, Rockland and Dutchess.

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