Slip & Fall: Steak 'n Shake

Parties: Plaintiff: Female; Defendant: Steak ´n Shake
Jurisdiction: St. Charles County, Missouri
Amount of Settlement: $157,000

W. Morris Taylor and Patricia L. Brownlee, (St. Louis County) for Plaintiff. At the Steak ‘n Shake in O’Fallon, Missouri, Plaintiff asked for a single table in a non-smoking area. The restaurant hostess led Plaintiff through an area in which the floor was wet, but no warning cones had been placed in the area. Plaintiff slipped and fell, injuring her left knee. While Plaintiff was still lying on the floor, one of the restaurant’s employees brought paper towels to wipe off Plaintiff’s shoes and clothes, which were very wet.

Plaintiff had recovered from surgery to her left meniscus three months before her fall. After her fall at Steak ‘n Shake, she consulted Dr. Fallon Maylack, who had performed her first knee surgery. Although Dr. Maylack advised that she had torn her left meniscus again, and although an MRI revealed a trabecular fracture of her tibia, the surgery was delayed. Plaintiff, who takes Coumadin, scraped her knee when she fell. As a result of the enormous edema and bruising of her left leg, and her inactivity, she developed cellulitis of her left leg. She was hospitalized for over seven days to receive a course of antibiotic therapy.

Case was settled just before trial.

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