Dangerous Portion of Parking Lot leads to $120,000.00 Settlement
Sharon was walking through a parking lot in Salem, Illinois when she tripped and fell over a portion of the parking lot comprised of cracked and broken pavement around a drain area. This is the kind of case that many lawyers will not take because the initial reaction to such a fall is "Why didn't you see it?" That's fine and well if the area is conspicuous to the pedestrian, but when the dangerous condition is difficult to notice by a normal person, much less an 80 year old client like Sharon, then someone should take responsibility for failing to keep their parking lot in a state of good repair.
Throughout the case, we were able to uncover evidence that the Defendant had been aware of the dangerous condition for some time and had actually discussed having it repaired prior to Sharon's fall. We went up against a great lawyer hired by the insurance company and he filed what is known as a Motion for Summary Judgment. This motion asks the Court to throw the case out completely. We worked tirelessly to oppose this motion and were able to successfully do so despite a lot of evidence against our client.
At the end of the day, we were able to garner a six-figure settlement for our lovely client who endured a lot of pain and suffering which should have and could have been avoided. When a company, retail store, or similar establishment, gains a benefit from you patronizing their store (i.e. you spend money there, offer a service to benefit the company, etc.) they owe you a duty to protect you or warn you about dangerous conditions on their premises. Here, the Defendant failed to do that and, over the course of 2-3 years, we were able to prove that.
Practice area(s): Personal Injury
Court: Marion County, Illinois