Delray Beach Woman Falls in Parking Lot Due to Improper Paving

Our client, a 66 year old woman was going to work as a dental assistant, when she parked in the lot of the strip center where the dentist’s office was located. After getting out of her car, she went to put a package in her car’s trunk. She then turned and caught her foot on the edge of a depression which had formed due to an inadequate paving repair. As a result of the fall she fractured her hip, which had been previously injured and resulted in a necrosis of the hip joint. After the fall she was able to walk into her office, and then later went to the emergency room, where the extent of the injury was discovered.

After approximately 4 months, our client was continuing to have ongoing hip pain. She went to an orthopedic surgeon, who determined that the area of necrosis had collapsed and that she would therefore require a hip replacement. Surgery was performed and our client had to undergo extensive physical therapy. Unfortunately, her surgeon was unable to state whether or not the surgery was as a result of her fall or her pre-existing injury.

Our client retained Dell & Schaefer to help her recover damages for her injuries. The firm’s litigation department filed a lawsuit against the owners of the strip center where the accident had occurred. The insurance company alleged that our client was at fault for failing to watch where she was walking, and they also argued that they were not responsible for the greater extent of her injuries.

After lengthy discovery, including many depositions, mediation, and extensive negotiations, we were able to convince the insurance company that they had liability in this case, and as a result we were able to settle the case for $90,000.

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