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.
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:
- 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.
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
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.