Department store shopper injured after slipping on puddle

$120,000 settlement

The plaintiff, a 67-year-old woman, entered the defendant department store to browse for some new shoes for her grandson when she suddenly slipped and fell on a puddle of water on the concrete floor. 

The fall was un-witnessed; however, an incident report was created.

As a result of the fall, the plaintiff suffered injuries to her upper and lower back, cervical spine, and her head. She was diagnosed with post-concussive syndrome and suffered from diplopia.

The defendant argued that the store did not have actual or constructive knowledge of the dangerous condition.

Action: Slip, trip and fall
Injuries alleged: Post-concussive syndrome; diplopia; sprains/strains to neck, upper and lower back
Case name: Schubert v. Bob’s Stores, LLC, et al. 
Court/case no.: Essex Superior Court/No. 1877 CV 1318D
Jury and/or judge: N/A (settled)
Special damages: $44,924.24
Demand: $250,000
Highest offer: $120,000
Amount: $120,000
Date: Aug. 19, 2020
Attorneys: Joseph M. Orlando Jr. and Matthew Montano, of Orlando & Associates, Gloucester (for the plaintiff)