Coca Cola Crime
A woman was able to keep the $1.5 million awarded to her by a jury after the court of appeals upheld the jury’s decision back in March. The woman, a kindergarten teacher by trade, was shopping at a local grocery store when she slipped and fell on some water that had leaked from a refrigeration unit.
According to her initial lawsuit, the woman was seeking medical coverage for damages suffered in the accident, an accident that left her with a herniated disk, surgery bills, and a lot of residual pain. However, when investigated further, it was revealed that the refrigerator had been leaking on and off for two years and that the grocery store had tried to get BCI Coca-Cola to replace it multiple times, but to no avail.
Therefore, the claim against the grocery store became a claim against BCI Coca-Cola. This happens sometimes in personal injury cases when it is discovered that the fault lies not with one party but with the other. The kindergarten teacher was not greedy and sued for a small sum of $149,000 to cover her expenses. However, BCI Coca-Cola refused to settle, counter-offering with a sum of $30,000. The case went to trial.
I guess BCI Coca-Cola should have taken the first offer and run because the jury came back after only three hours of deliberation to award the woman with $1.5 million. And, as I mentioned before, the appeals court refused to overturn the verdict.
Cases like this are a great example of our justice system at work. The guilty party was punished and the innocent party (Fry’s Food and Drug) was given the all-clear. Why? Well, the personal injury laws of California were set up to seek justice for the victim, not to sue anyone who was nearby at the time of the accident.
Also, the jury in this case saw the case for what it was: a teacher trying to seek help for her medical expenses. She was not trying to take Coca-Cola for everything they had; she was simply exercising her right to personal injury assistance. In her award, they factored in her medical expenses, court costs, and even the potential life-long pain she will suffer as a result. That is truly how every personal injury case should end up.
Hospital Malpractice
There are some cases when a slip and fall accident can also be called malpractice. Such a case was in the news some time ago after an elderly woman fell in her hospital room, breaking her leg.
The woman’s name is Jonell Nickless, and she went to the hospital because she was experiencing some back pain. However, while walking across the floor of her hospital room, she slipped on a “coffee-like substance” and broke her right leg. Ms. Nickless is suing for more than $100,000 in damages including medical bills and court costs.
Now, what makes this case more than one of simple personal injury due to a slip and fall is the medical aspect. When admitted to a medical facility, the medical workers are responsible for your well-being. In other words, you are putting your life into their hands. And just like a slip of the knife in surgery or the wrong medication given to a patient, negligence on the part of the hospital staff resulting in a slip and fall injury is considered medical malpractice.
Do you know someone who has been injured while a patient at a hospital or another medical institution? Have you personally been hurt under similar circumstances? Well, you should know that the law is here to protect you and to provide you with compensation for your medical expenses and losses suffered. You can contact my office at any time to schedule an appointment and together we can seek the proper compensation for your situation.
Wrongful Death
Most slip and fall accidents that are brought into court are matters of personal injury, with one party (the plaintiff) suing another party (the defendant) for negligence. Some injuries suffered by slip and fall victims can be pretty severe, resulting in permanent paralysis and brain injury. Others are cases of broken bones, head trauma, and heart attacks.
In cases where a loved one is killed, however, the filing changes from a basic slip and fall suit to a wrongful death claim. Wrongful death is part of the personal injury laws of California and is a situation where the negligence of the at-fault party causes the death of another. In cases such as these, the personal injury (wrongful death) claim can be made by the family of the wronged party, allowing justice to be served even after the victim’s death.
Wrongful death suits are civil court proceedings that result in compensation (usually monetary compensation) for the plaintiffs. So, if your loved one slipped, fell, and incurred a mortal wound because of another’s negligence, you have every right to file a suit against the party at-fault. However, keep in mind that these cases are different from criminal proceedings. A guilty verdict will not result in jail time for the defendant. Those charges must be brought by the police.
Was It a Slip and Fall?
An industrial worker who fell from scaffolding at the end of March this year is trying to raise awareness for worker safety in industrial fields. However, his employers don’t seem to be taking the hint.
According to the man’s report, the scaffolding was missing several pins and, when he climbed to the top, it collapsed. But according to the General Manager in charge of the industrial work, the employee simply slipped and fell, causing the accident with his own actions.
Either way, in the state of California, this worker has every right to file suit against his employers. Consider the fact that, had he been wearing the proper safety gear including a harness system, he would never have fallen. In California, there are very strict guidelines for worker safety, especially when they are required to work over four feet off the ground. However, our hurt worker wasn’t wearing a helmet or a safety harness, leading me to believe that his employers weren’t focused enough on his safety.
And then, of course, we must look at the allegations that he simply fell off the scaffolding. As I mentioned before, that doesn’t matter in a lawsuit. He could easily claim that his employers were not following safety regulations. However, if the scaffolding did collapse, then the case becomes something more nefarious. Not only was the equipment being used unsafe, but the company also tried to cover it up.
While it does not look like the man will be seeking legal compensation for his injuries, including breaking a rib and suffering head and chest trauma, the company he works for should be considering their future in light of this accident.
Personal Injuries at the Funeral Home
A woman is suing the East Alton funeral home after she slipped and fell in the home’s driveway back in 2008. According to her claims, the funeral home owner, George Paynic, failed to provide the woman with a safe entrance route into the building, resulting in her injuries.
As a personal injury attorney, I can understand why Ms. Rodgers (the plaintiff) is seeking compensation for her medical expenses and other costs. She was injured on another’s property. If there is any evidence of negligence on the part of the funeral home, then she has every right to seek compensation. In fact, legally she should seek compensation for her injuries and losses suffered.
Victims of slip and fall personal injuries are protected under California State Law. And as a personal injury attorney, it is my job to ensure that each of my clients receives the recompense they require within the limits of the law. So if you have been injured in a slip and fall accident and are unsure of your options, please call my office for a consultation or fill out a case evaluation form online. I would be happy to provide you with the legal assistance that you need.
