(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
It is worth noting that situations similar to those described in this slip and fall case could just as easily occur at any of the supermarkets in the area, such as Safeway, Raley’s, Bel Air, SaveMart, Walmart, or Whole Foods.
FACTS
THE INCIDENT
The incident occurred on March 24, 2005. As she testified at her deposition, Maggie Black, a 38-year-old mother of two children (ages 4 years, and 16 months), was shopping at the Sacramento XYZ Market. Plaintiff fell at about 8:45 a.m. As she was walking with her 4-year-old looking for yogurt, she suddenly stepped on something wet and slippery on the floor. She lost her balance and fell face down, striking her right elbow. She is right handed. The fall occurred near the dairy Blacker located to the left of some double swinging doors that lead back to public restrooms, storerooms, and employee-only areas, such as the employee break room. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
XYZ Market claims it found no evidence of moisture on the floor, but admits for the purpose of this motion that some wet or slippery substance was on the floor. For the Court’s background information, independent witness Mike Burns testified in deposition that he saw Ms. Black walking with her son, and that she suddenly appeared to be slipping and walking in place as if on ice. Her feet slipped out behind her, and she fell face down. Ms. Black testified that she noticed her pants were wet after she fell and spent time sitting on the XYZ Market floor where she fell.
(The site of the fall is depicted on the photographs attached hereto, and the portion of XYZ Market’s floor plan referenced herein. In addition, each witness who saw Ms. Black has marked where the witness worked and where Ms. Black fell on a diagram – these marked diagrams are attached as exhibits.)
Ms. Black suffered a shattered elbow for which she underwent open reduction and internal fixation surgery. Ms. Black has had a poor result from her surgery; she still cannot fully use her right arm and she has a frozen shoulder. She has recently undergone an additional surgery to remove some hardware placed in the initial surgery. She has been told she may have to undergo elbow replacement surgery. (See Part 3 of 12.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.