San Diego Trip and Fall Accident & Injury Attorney Mark C. Blane successfully represented a El Cajon lady against Walmart in a parking lot trip and fall accident. The lady tripped on a protruding piece of metal that Walmart negligently maintained in an area where parking lot shopping carts are gathered and stored. Mr. Blane was able to argue that Walmart had constructive notice of the hazard by not fixing the metal in a timely fashion. It was evident upon reasonable inspection that the metal was protruding and constituted an inherent risk of danger or snagging a customer's shoe leading to a fall or bodily harm. Mr. Blane was also successful in arguing the lady's medical injury and damages as follows:
He was able to submit supplemental medical information which included additional vital medical evidence and documentation not previously provided to Walmart's insurance carrier in his June 11, 2009, settlement demand package. At the time, it only recently came to his attention when he was proceeding against Walmart that his client suffered additional medical harm and treatment. He therefore argued it was new evidence that needed to be reviewed per the Fair Settlement Procedures Act; also, he argued, Kaiser Hospital is, at times, notoriously slow in providing medical records.
However, per the medical doctor's report, the injured lady's foot had a permanent deformation due to the accident, which could be rectified by surgery. The upper bone was bulged upward and she can no longer wear the same size shoes on both feet. Additionally, it is too painful to ware high hills, so all she was able to wear, after the accident, was flat shoes. Needless to say, Mr. Blane was able to obtain a fair and equitable settlement for the El Cajon lady in this trip and fall accident which could have been prevented by simple parking lot shopping cart area repair.
