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Slip and Fall Results in Deep Vein Thrombosis for Which the Dunnion Law Firm Obtains a Favorable Settlement

Slip and Fall Results in Deep Vein Thrombosis for Which the Dunnion Law Firm Obtains a Favorable Settlement

Posted By The Dunnion Law Firm || 14-Oct-2016

The Dunnion Law Firm represented a client who tripped and fell on a piece of pvc pipe that was sticking up out of a dirt planter outside of a grocery store in San Jose, California. She fractured her ankle and suffered other soft tissue injuries. As a result of her injuries, she developed deep vein thrombosis, a condition to which she was genetically pre-disposed. All along the insurance company for the store and its lawyers offered no money. They argued that the store owner was not responsible for the area outside of the store where the client fell, and that she was walking in an area that was not meant for traffic in the middle of the block in order to jaywalk across the street. The Dunnion Law Firm argued that The duty to maintain that section of the sidewalk lies squarely upon the store owner according to City of San Jose Sidewalk Ordinance 14.16.2200(B) which states in part, "owners of lots...adjacent to or fronting on any portion of sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs, and gutters...shall repair and maintain such sidewalk areas." Section (C) adds that this includes maintenance of gutters and ground cover "so that the sidewalk area will remain in a condition that is not dangerous...to persons using the sidewalk in a reasonable manner" and will not interfere with "the public convenience" in its sidewalk use. With the assistance of experts and special counsel, The Dunnion Law Firm was eventually able to extract a favorable settlement of nearly $90,000.