Illinois premises liability attorneys from Abels & Annes, working with co-counsel, have filed a negligence lawsuit in the Circuit Court of DuPage County. The claim arises out of an incident that occurred back in June, 2009 in Winfield, Illinois.
Our client was walking from a parking lot to a professional building within a freshly painted crosswalk on privately owned property. There she stepped into a large hole in the crosswalk, causing her to fall and injure herself. The hole was difficult for the plaintiff to see, as it had been painted white as part of one of the lines of the crosswalk.
The property owners had knowledge of the dangers condition, as they had recently pain in the crosswalk, and in doing so actually painted the hole itself. They failed to correct the dangerous condition and further failed to place any notices or provide any warnings of the dangerous condition.
The defendant owned, operated, managed, maintained and controlled the premises and was further responsible for providing a safe environment and a safe means of ingress and egress to and from their facilities.
After the plaintiff fell, she had an immediate onset of pain to her left ankle, right leg, right hand and right shoulder. She was treated shortly after the fall at Central DuPage Hospital‘s emergency room.
Upon arrival at the Emergency Department a history was taken, our client was examined and diagnostic tests were performed. She complained of right shoulder and elbow pain, right shin pain and left ankle pain. She was initially diagnosed with a sprain/strain of the right shoulder, sprain/strain of the right elbow, contusion to the right shin and a sprain/strain of the left lateral malleolus. She was prescribed pain medication, an aircast was applied, she was given crutches to assist mobility and was instructed to seek follow up treatment after discharge.
Over the next day or so the client’s pain worsened. She sought follow up treatment on June 25, 2009 with her primary care physician. She reported a popping in her right knee and pain in both shoulders. The doctor prescribed medication and a course of physical therapy.
After completing her physical therapy the plaintiff followed up with her physician on October 12, 2009. At this time she continued to have severe low back pain that radiated down her lateral thigh to her knee that was affecting her activities of daily living. Do to her ongoing symptoms the doctor ordered a lumber MRI.
Our client underwent a lumber MRI on November 6, 2009. The MRI revealed a disc protrusion at L4-5; and a disk protrusion at L5-S1 compressing on the nerve root. She saw her physician for follow up after the MRI on November 12, 2009. He prescribed another course of physical therapy but noted that if her symptoms persist she will need epidural injections and ultimately a spinal fusion.
Following her second course of physical therapy she returned to her doctor with continuing complaints of low back pain radiating into both of her legs down to her knees. Due to her ongoing symptoms the physician prescribed a course of lumbar epidural injections. A different physician performed lumbar epidural spinal injections on her on February 19, 2010, July 7, 2010 and August 11, 2010.
Following the course of epidural injections our client returned to her doctor on October 14, 2010. Despite the interventional treatment she continued to suffer from constant low back pain radiating into her right leg. Based upon her ongoing pain the doctor recommended surgical intervention, a spinal fusion at L5-S1.
The plaintiff wants to avoid surgery if at all possible. However, due to the chronic and permanent nature of her injury her physician believes that she will eventually undergo spinal fusion surgery. Even with surgery she may continue to suffer from permanent pain and disability.
As a result of the accident, our client sustained over $23,000 in medical bills, plus it is estimated that her future cost of surgery will be in the area of $45,000.
Due to the defendant’s unwillingness to make a fair and reasonable settlement offer, a lawsuit was filed to maximize the plaintiff’s financial recovery.
If you have been injured in a trip & fall or a slip & fall accident due to a property owner’s negligence, contact the premises liability attorneys at Abels & Annes for a free consultation. Call (312) 475-9596 to speak directly to a lawyer now.