Seriously-Injured Victim in Slip and Fall Case Gets Settlement Claim

Jane Doe* v Grocery Store

Slip and Fall Injury Case

This slip and fall injury case involving Ms. Jane Doe came from the files of settled claims undertaken by the Mesriani Law & Associates in behalf of personal injury victims.

The accident happened on June 2006 in one of the grocery stores in Jefferson Boulevard in Culver City. While Ms Doe was inside the grocery store, looking for something, she slipped on a substance, causing her leg to slide forward and left leg bent under her twisted leg. She fell over the left side of her body, hitting her left knee and shoulder and her head hit the floor.

As a result of the accident, Ms. Doe immediately felt severe pain and discomfort on her anterior ankle, left knee, left shoulder and back. She was unable to stand up and her left ankle was bleeding. She also experienced occipital headaches.

Paramedics immediately arrived at the scene of the accident and brought her on C-spine precaution and with a splint on her left leg, to the emergency room of Brotman Medical Center, located at 3828 Delmas Terrace, Culver City.

After initial medical examination, she was diagnosed and treated for the following injuries:

• Left ankle strain


• Left shoulder strain


• Lumbar strain


• Left knee contusion


• Fibromyalgia


• Hypertension


• Asthma


• Hypothyroidism


• Gastroesophageal reflux disease.

But Ms. Doe continued to have headaches and anxiety, as well as feel pain on her neck, upper back, mid back, lower back, bilateral shoulders wrist, left knee and left ankle pain. So she decided to consult with Raymond Janfaza, D.C. of Brentwood Wilshire Chiropractic Center, located at 11847 Wilshire Blvd., Suite 301, Los Angeles, where she was instructed to undergo radiologic exams.

On June 15, 2006, Ms Doe underwent radiologic exams on cervical spine, lumbosacral spine, and left knee at the Medical Imaging Center of Southern California, with address at 2811 Wilshire Blvd., Santa Monica. Results showed C5-6 and C6-7 degenerative spondylosis and diffusely straightened cervical lordosis suggesting muscle spasm and/or torticollis, while results on the lumbosacral spine showed multilevel lumbar discogenic disease, diffusely straightened lumbar lordosis with probable bone island in left illium. X-rays of left knee showed degenerative changes.

After general physical and neurological examinations and review of her x-ray results, Dr. Janfaza diagnosed her to have the following injuries:

1. Post-traumatic cephalgia


2. Post traumatic anxiety syndrome


3. Cervical strain and sprain


4. Thoracic strain and sprain


5. Lumbar sprain and strain


6. Sprain/strain of bilateral shoulder


7. Sprain/contusion of left ankle


8. Sprain/contusion of both wrists.

She was placed on chiropractic spinal manipulative therapy, hydrocollator applied to full spine, and intersegmental traction. She had treatments from June 15, 2006 until December 7, 2006.

When the pain persisted, she sought orthopedic evaluation from P. Richard Emmanuel, a doctor at the the Southern California Orthopedic and Musculoskeletal Associates, with address at 10750 Washington Blvd., Culver City.

After extensive physical examination, she was found to be suffering from the following:

• Sprain/strain, cervical spine


• Sprain/strain, lumbosacral spine


• Sprain/strain, left shoulder girdle


• Rule out internal derangement, left shoulder


• Sprain/strain, left knee


• Sprain/strain, left ankle/foot.

Following her evaluation, Ms. Doe was started on conservative treatment regimen consisting of chiropractic therapy, ultrasound, massage TENS and interferential. Ms. Rose had physical therapy at Pacific Rehabilitation Physical Therapy, located at 5000 Overland Ave., Suite 4, Culver City from July 24, 2006 through October 27, 2006. She was also referred for MRI of the left knee, lumbar spine, and left shoulder.

MRI of the left knee showed the following findings:

• Tricompartmental osteoarthritis involving the lateral facet of the patella


• Chondromalacia of the medial margins of the medial tibial plateau and medial femoral condyle


• Truncation of the mid-body of the medial mensicus with prominent internal signal changes


• Stellate or radial tear at mid-body of the lateral meniscus


• Intact cruciate and collateral ligaments.

On the other hand, MRI of lumbar spine showed the following findings:

• 4 mm annular bulge impinging the anterior thecal sac and both budding S1 root sleeves with right subarticular and left subarticular stenosis at L4-S1 levels


• 2.5 mm annular bulge impinging thte anterior thecal sac with right subarticular and left subarticular stenosis


• 2 mm left sagittal bulge with left subarticular stenosis.

An MRI of left shoulder revealed “prominent impingement from proliferative changes of the acromioclavicular joint against the supraspinatus muscle and tendon and several degenerative type cysts see in the posterior humeral head near the insertion of the teres minor”

Further, Dr. Emmanuel recommended Ms. Doe to undergo arthroscopic left knee surgery. On September 20, 2006, Ms. Doe underwent left knee surgical arthroscopy, debridement, synovectomy, arthoroscopic partial lateral meniscectomy, arthroscopic chodroplasty of the medial compartment as well as patellofemoral compartment, and injection of knee joint with Marcaine and Synvisc solution at Brotman Medical Center.

Dr. Emmanuel warned that her condition may worsen and she may have to undergo the following procedures in the future which could cost about $87,890.00.

• Series of 3 lumbar epidural steroid injections in case her lumbar spine symptoms do not subside and to undergo a minimally invasive lumbar decompression at L5-S1 level as well as microdiscectomy


• Left shoulder arthroscopy with sub-acromial decompression and Mumford procedure


• Medial unicompartmental arthroplasty of the left knee


• Post-operative physical therapy for about 6 weeks to be given at frequency of 3x a week.

Dr. Emmanuel stressed that based on Ms. Rose’s symptoms, description of injury, review of medical records, as well as physical examination, these are consistent with the mechanism of injury and are felt to be the direct result of the slip and fall accident that occurred at the grocery store premises on June 9, 2006.

Consequently, the Mesriani Law & Associates, in behalf of Ms. Doe, wrote the grocery store to demand settlement of the victim’s claim through its insurer. The demand for settlement claim mentioned the store’s liability for gross negligence in the slip and fall accident that caused Ms. Doe serious injuries.

Based on its investigation, the following negligent acts were committed:

• The store employees and/or agents were negligent in failing to properly maintain and to ensure that the vicinity area is free from dangerous conditions.
• It failed in its duty to properly and regularly inspect and make it safe from hazardous and accident-prone conditions, such as to assign personnel to make regular checks in the area


• It failed maintain its floors free from any wet condition or slippery substances as well as to take proper precautionary measures, such as placing of dry floor mats on surfaces where a possible spillage may occur


• It failed to put up signs warning them of wet or slippery floor. Apparently, no such measures were taken.

Ms. Doe demanded settlement for a sum of $830,209.35, which is comprised of $42,319.35 for her medical bills to date, $87,890.00 for her future medical care, and $700,000.00 for her pain and suffering.

* We have changed the real name of our client to protect her identity.