San Diego slip and fall attorney Mark C. Blane represented a Chula Vista woman who slipped on some water at the Disney Store at the San Ysidro, California mall outlets and received some severe injuries. The woman was transported to Scripps Mercy Hospital via ambulance where she was evaluated, given diagnostics and medication. She was diagnosed with a displaced patella fracture with 3.5cm of displacement on the X-Rays. She followed up with Dr. William C. Eves, M.D. who performed left knee arthroscopy. She then underwent surgery and then followed up with a physical therapist. She was given conservative therapy and then released to participate in her own recovery.
A well respected personal injury law firm in San Diego first had this case, but then, after a few weeks, the law firm decides to disengage the woman as her attorney. The lady found the Law Offices of Mark C. Blane and Mr. Blane did his best to represent her. The facts proved very difficult. There was no video evidence of the fall, no witnesses, and the defense argued lack of notice of a potential hazard. However, Mr. Blane was successful in arguing the liability under the "zone of danger" principles among other legal points, in combination with the fact that the injuries were unique to the fall and the woman (client) makes an excellent witness for herself. To this end, Mr. Blane was able to settle the claim for $50,000.00! He was also able to make sure the woman's health insurance covered all the medical bills, and protected the lien interest (maximized it) even though her health plan was protected by ERISA. Needless to say, the woman was left with a large net recovery.
$50,000.00