Customer in nursery tripped and fell on an object left in a walkway while carrying a flat of plants that obstructed her view. Our client sustained a shoulder injury that required surgery and aggravated a prior back problem that also required surgery.
In the lawsuit, the nursery contended that the trip hazard was open and obvious and that our client was more than 50% at fault. During such litigation, we were able to show that a nursery employee directed our client into the trip hazard. Shortly before trial, the case settled for $425,000.00. After payment of attorney’s fees, case expenses, and a very large health insurance lien, our client’s net recovery totaled $211,570.50.