On April 21, 2008, Client was entering a department store when the automatic sliding doors suddenly closed causing her to fall to the ground. Client sustained a compression fracture to L1 and L2. Client had a complicated and extensive medical history, which included a multitude of pre-existing medical conditions. Previously, Client suffered from a lower back injury in which an MRI revealed a compression fracture to the end-plate of L-3. At Mediation, Insurance Company argued that the Client’s compression fracture at L1 and L2 was attributable to her pre-existing compression fracture at L3. Attorney Patrick J. Noonan established that the slip and fall caused a new injury (compression fracture to L1 and L2) that was separate and distinct and completely disassociated from the pre-existing compression fracture at L-3. In addition, Insurance disputed liability arguing that the automatic sliding doors were open and obvious to the Client.
Case Results: Case was settled at mediation.