Attorney Jeffrey Anderson settled the lawsuit against a commercial management property company for $675,000 on the eve of trial. The case involved a then 52 year old mechanic who exited a department store at a local mall and fell as he stepped onto an inclined handicap ramp, striking his head on the concrete sidewalk.
Investigation revealed that the concrete ramp had been painted with a semi-gloss latex paint three (3) months earlier, as it had been annually for more than a decade. Employees of the management company claimed that each time it was painted, they had added an abrasive “grit” to the paint, in order to make the surface slip resistant. While the ramp had been repainted shortly after the accident, precluding expert analysis to determine whether the surface was in fact, slip resistant, eyewitness testimony by an off duty police officer of the fall, and his conclusion by sliding his foot along the surface and characterization that it was “slippery,” provided valuable proof that either the “”grit” abrasive had not been applied, had not been properly mixed with the paint, or that the abrasive had not spread uniformly, resulting in the surface being unsafe.
Analysis of the case by a certified safety professional with over two (2) decades of experience in determining the cause(s) of slip and fall accidents, together with the consideration of codes and practice by a licensed professional engineer, provided proof and opinions that for at least a decade, it was not common practice to paint the entire surface of an inclined concrete ramp, because of the likelihood that the abrasive “grit” would not be properly mixed, evenly applied or would be worn off over time, reducing the slip resistance of the surface and introducing the potential for someone to slip and fall while walking on the surface.
The injured mechanic was diagnosed with disc herniation within his cervical spine and underwent decompression and fusion by a local neurosurgeon a few months after the accident. Following surgery, he underwent occupational and physical therapy and recovered most of the strength and use of his hands and legs.
Attorneys for the commercial property management company contended that the practice of painting a concrete ramp was in conformance with all applicable codes and consistent with accepted practice and would rely upon testimony by its company employees that they had properly mixed and applied the paint, with abrasive, and that inspection of the ramp immediately following the accident revealed that the surface was “rough” and therefore slip resistant.
Following several weeks of negotiation between the attorneys for the parties, the case was settled in the amount of $675,000.
The attorneys of the firm of Anderson, Moschetti & Taffany, PLLC, each have over three (3) decades of experience in handling personal injury and wrongful death claims arising from slip and fall, automobile, defective product accidents and injuries resulting from medical negligence. They are dedicated attorneys providing personalized and aggressive, experienced representation of individuals and the families of persons who have been injured or killed as the result of negligence. They have achieved record-setting settlements and verdicts in the Capital District and are highly regarded by the attorneys and insurance companies who defend individuals and corporations accused of wrongdoing. Visit their website to learn more at amtinjurylaw.com. If you have been injured, consultation with one of the firm’s attorneys is free and there is no obligation. Call now to ensure that your rights are protected.