$1M Negotiated Settlement for Premises Liability Trip & Fall

Our client had been eating at a restaurant in the outdoor eating area of a man-made patio in Orange, California. As they were walking out and made a right turn towards the parking lot area to get to their vehicle, they suddenly tripped over a blue cement parking block at a disabled vehicle stall. They lost balance, fell forward, and landed on their right arm and elbow. The paramedics of the Orange City Fire Department evaluated our client at the site of the incident. They complained of pain in the right arm and wrist. All the safety constraints were applied. Our client was transported to the hospital via private auto.

A doctor saw them in the emergency department of St. Joseph Hospital Orange for the evaluation and treatment of the injuries sustained due to the trip and fall injury that occurred just prior to the arrival. Our client complained of pain in their right arm. They rated the severity of their pain as 10/10. The X-ray of their chest revealed mild cardiomegaly with post-CABG changes and mild aortic calcification. The X-ray of the right shoulder revealed mild to moderate acromioclavicular joint degeneration.

Ultimately, they suffered an open fracture of the right lateral distal humerus. They also suffered lacerations to their right elbow and were given a splint to the right upper extremity. As a result of their lasting injuries, they underwent surgery for the right distal humerus fracture with total elbow replacement (ulna and humerus) and right ulnar nerve anterior subcutaneous transposition.

Based on this, our client was entitled to full compensation for all economic and non-economic damages caused by the defendant’s negligence. The defendant had a duty to our client to keep their parking lot and premises safe.