Public Liability/fall down stairs due to insufficient lighting
Published 24 Jun 2011
Date of settlement: 14 June, 2011
The Plaintiff in this matter is a 67 year old man. He attended a Hospital where he was required to stay overnight after a check up and adjustment to his pacemaker. As he proceeded down the stairs into his cottage, due to insufficient lighting and dark shadows he fell.
He was conveyed to the Hospital by ambulance where he remained overnight.
As a result of the subject accident he sustained an acute inversion injury to the left ankle, a lateral collateral ligament injury to the left ankle, a fractured left ankle, contusions and bruising, anxiety, depression and shock. Also as a result of the subject accident, the Plaintiff incurred and will incur past and future out of pocket expenses, economic loss and domestic care and assistance.
Pleadings were filed in the Sydney District Court on or about 4 November, 2010. Pain and suffering damages were claimed as were fast and future: out of pocket expenses, economic loss and domestic care and assistance.
Following investigations, arrangements were made for the Plaintiff to be seen by an orthopaedic surgeon to assist in assessing the quantum of the claim.
Once the evidence was served and the responses to particulars were provided, the Defendant was interested in trying to resolve the matter. A Summary of Damages was prepared, assessing the claim. Same was served on the Defendant’s solicitors and negotiations ensued by phone and email and the matter settled on 14 June, 2011 for $95,000.00 all inclusive.
Gerard Malouf, Vrege Kolokossian and Juliana Nikolovski fought aggressively as a team to achieve a fair settlement for the Plaintiff.
Overall, from the commencement of proceedings in Court, the matter resolved in approximately seven months.
