The Lowcountry Law Offices of Daniel R. Denton, an accident and injury law firm in Beaufort, South Carolina, announced today its most recent personal injury settlement in a case involving injuries to a middle-age woman who tripped on a curb in a parking lot on her way to grab a shopping cart from a cart corral.
In a case that was settled with a confidentiality agreement, preventing the disclosure of facts that could identify the defendant, Mr. Denton’s client broke a bone in her foot from the fall and later developed RSD (reflex sympathetic dystrophy) in her foot, a neurological pain syndrome which causes chronic burning type pain, requiring intensive pain management.
As with most
slip and fall cases, liability was vigorously disputed and the case was complicated by the fact that the plaintiff had a subsequent fall in another parking lot about a year later and her pain management doctor testified (assuming erroneous facts) that she was doing well until the second fall aggravated or worsened the RSD condition sustained from the first fall.
Although her employer had to make some accommodations, Mr. Denton’s client continued working for almost three years after the accident, but ultimately her pain became too much for her and she had to give up her job. Her doctors testified that she would need lifetime pain management, and most likely would have to have a spinal cord stimulator to control the pain.
Both parties utilized architectural and engineering experts to give opinions on parking lot design and maintenance issues, as well as human factors experts on the mechanics of the trip and fall and the encounter with the particular hazard involved. Karl Twenge, Esq., a Beaufort attorney with Twenge & Trombley Law Firm, was brought in the case as co-counsel three months before mediation and provided valuable assistance by further developing the “damages” aspects of the case, including obtaining expert opinions on economic loss, medical causation and future medical care and expenses.
After over nine hours of negotiations, the trip and fall case settled at mediation for $500,000.00.
For more information on the Lowcountry Law Offices of Daniel R. Denton, please visit www.LowcountryLaw.com.
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