Our client, a truck driver from Massachusetts, was making a delivery at a local New York grocery store and sustained an injury his ankle. At the time of the accident, while he was walking backwards using a hand truck he tripped and fell over a U-Boat, which is a cart used by grocery stores to stack product after it is delivered.
Leav & Steinberg was able to establish that the defendant’s employees had placed the U-Boat in our client’s path prior to the fall. This case had been rejected by other law firms who felt that the client’s comparative negligence was the sole proximate cause of the accident.
Through our efforts we were able to establish that the defendant was responsible for directing the path our client was to take while making his delivery. Thus, a jury could have found the grocery store negligent.
Our client sustained a traumatic injury to the right foot including chronic pain and tenderness. After our clients testified one of our attorneys, Alexander Kran III, was able to obtain a settlement offer in the amount of $275,000.00. The client had returned to work full time and was no longer receiving treatment for his right foot injury at the time of settlement.
The case was settled prior to the matter being placed on the trial calendar for full value without the risk that a jury could have found that our client was wholly or partially responsible for the happening of this accident.