$990,000 Settlement for Slip & Fall

John Molinari represented a 40-year-old man who, in the course of his employment as a BMW salesman, was walking through a parking lot when he slipped and fell due to ice. The lot was used to store BMWs and was owned by a third party. The defense claimed that since plaintiff fell on ice between two of the BMW vehicles, it was an area that the dealership did not have any duty to maintain. Through deposition testimony, it was established that the defendant had in fact previously maintained the area of the fall.

The plaintiff could not sue his employer for failing to maintain the lot, as his only recourse against them would be a worker’s compensation claim. He sustained a meniscal tear to his right knee which required two knee surgeries and lumbar disc herniations which required epidural injections, a discectomy, a laminectomy, and a fusion surgery. He also suffered from depression and panic attacks after the fall. He was unable to return to work after the fall and an economic expert determined that he sustained a total loss of earning capacity over his work life due to his physical impairments. The case settled following mediation for $990,000.