Fort Myers, FL – Kanner and Pintaluga’s Personal Injury Litigation Practice recently resolved a case for $250,000 for a fall outside of an auto parts store.

In April 2021, our client was visiting an auto parts store to purchase an item for her vehicle. In the process of leaving the premises, she was caused to fall over a poorly maintained cement parking wheel stop which was deteriorated and not readily conspicuous to the average customer. From her fall onto the cement parking lot, she suffered a fracture of her right arm and suffered a low back injury requiring surgery. Over time, her condition worsened until she required the use of a cane to walk. The insurance carrier for the auto parts store argued that our client should have seen the cement wheel stop prior to her injury and also that the fall in the parking lot was not the cause of her low back injury and the need for subsequent surgery.

There is a difference between something that you assume a person sees and that which is conspicuously visible. Conspicuously visible items are those items that are painted with contrasting colors or textures suggesting a change in elevation surface and the like. Conspicuous visibility is like the sale signage that a store uses to attract the peripheral vision and attention of consumers to their products so that they are “noticed” and engaged in the purchasing of those highlighted products. With that concept in mind, lawyers at Kanner and Pintaluga argued that the deteriorated cement wheel stops were faded and appeared to be the same color as the concrete pavement surrounding them. In addition, the failure of the retail store to replace or repair the deteriorated concrete wheel stops caused the client to fall and injure herself on their business premises. After retaining and disclosing competent experts well educated in building and construction of commercial spaces to explain these concepts to the jury and having taken multiple depositions of the store employees and managers, trial attorney Raymond Sotomayor was able to negotiate a $250,000 recovery for our client prior to trial.

Get What you Deserve
Founded in 2003, Kanner & Pintaluga is a NLJ500 and Mid-Market Pro 50 law firm that has recovered over $1 billion for property damage and personal injury clients nationwide. With nearly 100 lawyers and more than 30 offices throughout the Central and Southeastern United States, our primary goal is to achieve the most favorable outcome for our clients, who have the absolute right to receive the maximum compensation for their damages. If we can assist you or if you’d simply like to speak to an attorney about getting the help you need, please do not hesitate to contact us. Our team is always available to discuss your rights and make certain that you and your family are protected.