$125,000.00 (Slip and Fall)
$125,000 Recovered for 2014 Slip and Fall at grocery store Kohn Law Office represented a housewife who was injured on August 12, 2012 when she slipped and fell on water on the floor of a grocery store in Mira Mesa, California. This case was defended by Argonaut Insurance for its insured, Fortune Management, Inc., dba Seafood City Supermarket. The client had earlier seen a Seafood City employee spill water onto the floor from a tray he was carrying. This spill was not cleaned up. The area where the client slipped was near a large bin containing fish, which had ice inside the bin. Plaintiff contended that Seafood City had the duty to make reasonable inspections in that area to discover dangerous conditions such as water on the floor, and to thereafter make the area safe by either cleaning up the area or setting up warning signs to advise store patrons of the dangerous condition. Seafood City's employees doctored sweep sheets to try to indicate that there was adequate inspection of the area. Seafood City conveniently lost the store surveillance video of the area of the fall. Seafood City also now denies there even was any water on the floor, despite an unbiased witness who observed water on the floor, and the placement of wet floor signs after the incident (Seafood City incredulously contended that they always have wet floor signs there to calm traffic in the area). In addition to all of that, plaintiff's safety expert Brad Avrit would have testified to his opinion that the flooring when wet was an unreasonably dangerous condition, as it was far too slick according to well established slip resistance standards. The defendant had no safety expert to counter Mr. Avrit's opinions. Mrs. Bautista, was taken by ambulance to Pomerado Hospital where x-rays revealed a displaced femoral fracture to her left hip. The next day she underwent “left total hip arthoplasty”. Mrs. Bautista stayed in the hospital for six days, after which she stayed at the Villa Pomerado nursing home for another seven days. Mrs. Bautista was given numerous medications to help her cope with the pain. She has made a full recovery.
Practice area(s): Personal Injury, Wrongful Death