Las Vegas Personal Injury Lawyer, Donald Kudler, of Cap & Kudler, represented a woman who slipped and fell in a department store. The Defendant store and its cleaning company claimed that the woman either faked or was responsible for the fall, was not injured as a result of the fall, or was only injured slightly. The Jury found that all the medical bills claimed by the woman were related to the fall, and awarded her pain and suffering damages as well.
Las Vegas, NV – January 19, 2010 (PressReleasePivot) — Las Vegas Personal Injury Lawyer Donald Kudler, of Cap & Kudler successfully represented a client who fell at a department store in Las Vegas, Nevada. The woman had walked into the store to shop, and was walking down an aisle when she noticed a cleaning person using a warning sign to fan the floor, and another warning sign nearby. The woman walked around the area marked by the cleaning person and the warning sign before slipping on water.
Donald Kudler states, “My client had cleared the area marked by the warning signs and was not aware that the floor was wet where she fell. We took the position throughout the case that the store and its cleaning company were liable for causing the accident since they failed to warn the client of the floor being wet in the area of the fall.”
After a lawsuit was filed, it was discovered that a store employee witnessed the accident. The employee stated in a recorded statement given to the store’s risk management department that the cleaning person was cleaning the aisle one area at a time, moving the cones before the areas were dry. During the Trial, another store employee testified that she would not expect the floor to be wet outside of the areas marked by the cones or by a cone and a woman fanning the floor. Donald Kudler ( http://www.capandkudler.com/who-we-are/ ) notes that this testimony supported his client’s position that she fell outside the area marked as dangerous stating “the cleaning person should have marked off the entire wet area; had she done so, my client would have been on notice that the floor was wet where she fell.” The Jury found that the store and its cleaning company were 80% at fault and that the client was 20% at fault. Donald Kudler says, “I believe the Jury should have found the Defendants 100% at fault as they clearly failed to warn my client that the area where she fell was still wet.”
The Defendant hired a physician who testified that, at most, the client suffered muscle strains as a result of the fall which would have healed within six weeks regardless of whether or not the client was treated. Despite this testimony, the Jury looked at the records and found all of the medical bills, which were in excess of $12,000, were caused by the fall. In addition, the Jury awarded the client pain and suffering damages. There was no wage loss claim made in this case. ( http://www.capandkudler.com/aop/las-vegas-personal-injury/ )
About Cap & Kudler:
Donald Kudler, of Cap & Kudler, ( http://www.capandkudler.com/ ) has been representing victims of personal injury accidents since 1984. Cap & Kudler have represented hundreds of victims of personal injury accidents who were injured as a result of slip and fall accidents, automobile accidents, medical malpractice and other injuries. Allen A. Cap and Donald C. Kudler also represent individuals and businesses in regards to contract, employment and other business related matters, both pre- and post-litigation. Visit Cap & Kudler’s web site at http://www.capandkudler.com, e-mail press@capandkudler.com or call 702-878-8778 for information.
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