A national chain sells potted plants at a local store. The plants are displayed on large racks that can hold one hundred or more plants. These display racks deteriorate over time. When they deteriorate they become unstable.
Our client worked in the store but not for the store. She was responsible for placing the plants on the rack and placing the rack on the floor so that customers could see and purchase the plants.
One day when she was performing her duties, she moved one of the racks. The rack had deteriorated and become unstable. It collapsed and fell on top of her. She attempted to catch it but it was too heavy. The rack broke her wrist and struck her face.
Her wrist required surgery. Like most TBIs, the injury to her face and head was more difficult to treat.
Our client has recovered most of the function in her wrist. However, she still has headaches and other symptoms associated with her Traumatic Brain Injury. She requires ongoing treatment and probably will for the rest of her life.
Because she came to us early, we were able to make sure that her injuries were properly diagnosed, documented and treated. This is particularly challenging in a Traumatic Brain Injury case because the injuries are not always obvious and visible.
We were able to show the insurance company for the store the magnitude of her injuries. We were able to prove that they were directly caused by the falling rack. We demonstrated that she would need ongoing treatment and the cost of that treatment.
As a result, we were able to secure a large settlement for her through her employer in workers’ comp and through the store in negligence. A confidentiality agreement prevents us from disclosing the details of the settlement.