Vero Beach man falls on gas on ground at gas station
Our client, a 47 year old man from Vero Beach, drove his truck into a gas station in Vero Beach. He pulled up next to a pump, and, as he was getting out of the truck, slipped and fell on gasoline which was on the ground. He injured his low back. Fire rescue came to the scene, treated him, and took him to Indian River Medical Center, complaining of low back pain.
Treatment continued, and after significant conservative treatment, an orthopedic surgeon determined that surgery was necessary. Our client underwent a 2 level lumbar decompression in order to alleviate his symptoms. Despite some improvement, he continues to suffer from ongoing low back pain.
Our client retained Dell & Schaefer to help him recover damages for his injuries. The firm’s litigation department filed a lawsuit against the owners of the gas station. The insurance company for the defendant alleged that our client failed to watch where he was going and that there was not a significant amount of gas on the ground. We were able to obtain photographs of the accident scene, taken shortly after the accident which showed a store employee putting drying powder on a large patch of gasoline.
Based upon the photos showing that there was significant gasoline on the ground, we were able to obtain a settlement of $185,000 on behalf of our client. This case is an example of how important it is to get photographs of the scene of an accident as soon as possible, before the dangerous condition is changed.