Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) 61-year-old client, an office clerk from Westchester County, NY, stopped into a supermarket to buy some diet soda after work in November 2024. As she entered the vestibule of the store, she was looking ahead towards the interior doors and did not see an empty, unattended pallet that had been left out by store personnel. Her right foot caught on the pallet, causing her to twist and fall.
As a result, FKC&S’s client was diagnosed with a right tibial plateau (lower bone of the knee) fracture and a left proximal tibia (shin bone) fracture. Surgery, including hardware placement, to both legs was performed soon thereafter. FKC&S’s client spent a few months at a rehab center before she was able to return to work.
The case was placed into suit. The defense argued that the pallet was open and obvious and FKC&S’s client should have seen it and maneuvered around it, as many other shoppers had done. The entire incident was captured on the store’s surveillance video and the assistant store manager admitted that the unattended, empty pallet was a potential danger to everyone walking in to and out of the store during their deposition. The case was mediated before trial and Steven H. Cohen obtained a settlement of $1,000,000 for FKC&S’s client.
This resolution highlights the importance of retaining legal counsel promptly after an accident. In this case, FKC&S was retained just three days after the incident, allowing for a swift investigation and timely notice to the supermarket to preserve the surveillance footage. Had the client waited months to seek assistance, that critical evidence could have been taped over in the regular course of business.