Slip and Fall
After lengthy litigation, Kenny LaDuca and Kenneth Koppelman were able to obtain a $1,250,000.00 settlement in a trip and fall case in Virginia Beach, Virginia.
The case arose when the Plaintiff was returning to her office after lunch. As Plaintiff walked towards the entrance of the building, she tripped over uneven concrete in the entryway’s sidewalk, stumbled forward, and struck her head on a glass door in front of her. During the fall, Plaintiff grabbed the handle of the door to catch herself from hitting the ground before losing consciousness. Plaintiff woke up on a bench inside the building with no recollection of getting there. The defense tried to blame Plaintiff for her own fall, stating that Plaintiff was not taking due care for her own safety, was not looking where she was going, and knew that the area where she fell was a problem before the date of the incident. These are arguments that have to be met head-on in Virginia because if a Plaintiff is found at all at fault for an incident, the Plaintiff cannot recover for their damages. Kenny and Ken were able to establish that the property owner knew this area of the sidewalk was hazardous for months before the incident and knew that the sidewalk needed to be completely replaced, but that the property owner had allowed individuals to continue to walk in the area despite knowing it was dangerous. Establishing these things went a long way in convincing the defense that it would have an uphill battle at trial.
As a result of the fall, Plaintiff sustained a traumatic brain injury, spinal injury, and shoulder muscle tear. Plaintiff underwent surgeries for her spinal injury and shoulder muscle tear, and underwent substantial other medical treatment for years after the incident. Plaintiff still suffers from headaches, some cognitive difficulties, and some limited ranges of motion in her spine and shoulder. Plaintiff’s ability to work was also impacted by the fall. The defense asserted that most of Plaintiff’s injuries and medical treatment, including the need for her to undergo two surgeries, were not related to the fall. With the help of their medical experts, Kenny and Ken were able to convince the defense that Plaintiff had the better side of the argument pertaining to damages.
Just weeks before trial and after negotiations, the defense made an offer that Plaintiff believed was a fair resolution and decided to end the litigation.