Our firm represented the Plaintiff in this matter. Our client was shopping at a Coles Store whilst walking through an aisle he slipped and fell on what appeared to be liquid which was on the floor surface.
The facts are that as he fell his foot went forward and he fell to the ground suffering a dislocated knee and ligament damage. As a result of the incident our client was unable to return to work as a teacher for approximately one week.
Unfortunately for our client, our client was involved in a number of accidents after the incident, one which included injury to the same body part when he slipped on ice whilst on holidays over seas. This issue was certainly one that we foresaw the Defendant would raise complicating the matter and the possible assessment with a suggestion that the subsequent injury may have been cause of the client’s continuing injuries.
We commenced vigorous investigations including obtaining reports from the overseas doctors about the subsequent fall and were able to mount an argument subsequent fall for was attributable to the injury in the accident due to the instability the accident caused to his knee.
As expected, the argument was raised by the Defendant’s Solicitor however as a result of our investigations and obtaining reports in support together with an expert report prepared by the engineer who wrote the circumstances of the accident, the case was well prepared and the ammunition was there to be able to convince the solicitor’s for Coles other wise.
Proceedings were commenced and during the course of the proceedings a conference was held with the Defendant’s Solicitor to discuss settlement. After lengthy negotiations we were able to achieve a very pleasing outcome with settlement in excess of $140,000.00 inclusive of costs.
A most pleasing outcome and the client stated that he was very happy with the result which would look after him for any medical expenses he may incur in the future.