Our client‚ a handicapped man with a below the knee amputated leg‚ seriously injured his left shoulder after tripping and falling on it at a Chula Vista health club. Our investigation revealed that a rubber mat approximately three-quarters of an inch in height had tripped him as he exited a sauna in the men’s locker room. The mat had become raised up off the floor so that it stood several inches from the top of the floor.
As a result of the fall‚ our client suffered a severely comminuted fracture (a fracture where the bone literally explodes inside the body) in his left shoulder that took three shoulder surgeries‚ including the installation and removal of hardware in the shoulder joint‚ to fix. The medical treatment was delayed due to an infection in his amputated leg.
The case was very hard fought. The health club argued that the membership contract our client signed barred any finding of liability under an “assumption of risk” clause. After two mediations‚ our office was able to arrange a settlement of $250‚000 and significantly reduce the health care insurance and MediCare liens.
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