Palm Beach woman slipped and fell on pieces of banana at a large retail store, requiring back surgery; Dell & Schaefer recovers $300,000

Our client was in a large retail store in Palm Beach County, when she slipped and fell on pieces of banana that were on the floor. She started to have back pain shortly after the incident and began a course of treatment with a chiropractor. Not getting any better, she sought treatment with an orthopedic surgeon, who gave her a course of steroid injections. She stopped treating for over a year, but ultimately the pain returned. As a result of her failure to get better, the determination was made that she needed to have a lumbar fusion. She underwent the surgery, which resulted in improvement of her pain symptoms.

The retailer refused to make a significant offer to settle the claim. Therefore, the Dell & Schaefer litigation division filed a lawsuit and commenced discovery in order to prove the stores negligence as the cause of our client’s injuries. The retailer claimed that our client was herself negligent for her accident and that the surgery was the result of pre-existing injuries. After numerous depositions were taken and going to mediation on our client’s behalf, we were able to obtain a settlement of $300,000 for our client.

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