Basch & Keegan recently obtained a six-figure settlement for a client who suffered a severe injury to her right thumb while at a bowling alley in Clifton Park, NY. She slipped on the floor adjacent to the ball return. Derek J. Spada proved that the bowling alley was negligent by applying oil meant for the bowling lanes to the floor in the ball return area.
The ball returns are in an area with hardwood floors. Our client and her friends noticed the slippery condition of the floor around the ball return upon arrival and bowled their first frame. She bowled for approximately 15 minutes prior to the injury.
Our client and her friends described the condition of the floor and described the slippery area on the floor as not merely being a spot, but rather that the entire floor was coated with a clear, oily substance. In fact, we learned that another individual slipped and fell in the same area due to the oily condition of the floor one week prior to our client’s incident.
During her third frame of bowling, our client walked over to the ball return and picked up the bowling ball that she had been using. She then took a few steps toward the bowling lane and slipped due to the oily substance on the floor.
She began falling forward and put her hands out to catch herself. As she landed on the floor, the bowling ball landed on top of her right thumb. She cried out in pain, and bone could be seen sticking out of her thumb. She was bleeding profusely, and the group left immediately to seek medical treatment at a hospital.
The ER records note, “an obvious deformity to the right thumb as well as a laceration, likely from the edge of the finger hole on the bowling ball.” She underwent surgery, and her thumb looked rather hideous following surgery. She followed up with an orthopedic surgeon periodically and received hand therapy and physical therapy. Her injury progressively healed, but she has a permanent loss of range of motion, permanent loss of strength, permanent loss of dexterity, and permanent deformity of her thumb.
Derek was able to prove the bowling alley was liable for his client's injuries because its employees applied oil meant for the bowling lanes to the floor in the area of the ball return. The bowling alley also knew or should have known about the slippery condition of the floor because the floor was slippery for at least one week before the incident. Derek used the facts of the case to explain there was no plausible explanation as to how this floor became oily that did not implicate the bowling alley.
Derek obtained a six-figure settlement that will help ease our client’s pain and suffering, as well as compensate her for lost wages and medical bills.