Partner John A. DeGasperis recently received a favorable settlement for a Basch & Keegan client who suffered injuries from a slip and fall in 2018. Our client slipped and fell on ice outside of the Dunkin Donuts where she worked. She did not see the ice prior to the fall because of the poor lighting conditions at the rear of the building. A security camera recorded the horrific event. The video shows John’s client writing in pain on the icy cement for fifteen minutes until a co-worker found her.
John analyzed the facts of this case and won on two theories of negligence. First, the landlord neglected the lighting conditions at the rear of the building. The lighting was poor and inadequate. Second, the landlord neglected to remove the ice from the sidewalk before Dunkin Donuts’ employees arrived for work.
As a direct result of the fall, our client was admitted to the hospital and sustained serious injury to her left leg. She had to undergo two major surgeries on her leg and ankle. Her injuries are permanent and include surgical hardware. She was confined to her bed and home for approximately five months following the date of the accident. She missed months from work and thousands of dollars in lost wages.
Our client had an unfortunate history with drug addiction. One the day of her fall, however, she was a recovering addict who had gone through a rehabilitation program and on the road toward recovery. She was no longer using opioids when she fell. Sadly, she was prescribed opioid medications to manage the pain and fell back into addiction after her injury and surgeries. The incident happened in 2018 after opioid addiction began to become a public health crisis. Our client fell back into that addiction due to the negligence of the landlord.
Our client is a young mother and her family suffered immensely from her fall and the consequences of her injuries. John recovered $475,000. We hope this settlement will improve the life of our client and her family.