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Adam Kocaj Obtained $100,000 for an Eggshell Plaintiff in a Trip and Fall Accident

Riverside, Calif. Associate Attorney, Adam Kocaj of the Law Offices of Samer Habbas & Associates secured a $100,000 premises liability settlement for a slip and fall accident. The plaintiff was stepping out of a parked car from the passenger side, onto the Greenbelt area between the street curb and the sidewalk, when she fell into a large, freshly excavated hole in front of a residence.

The fall caused the plaintiff to land directly onto her knees, one of which was recently operated on. Prior to the accident, the victim had undergone a right knee arthroscopy procedure with a partial medial meniscectomy. Therefore, making her an eggshell plaintiff at the time of the incident. After the trip and fall accident, the plaintiff was diagnosed with bilateral knee contusion. Her pain continued to worsen in her left knee, and eventually led to another arthroscopic surgery with a partial medial meniscectomy. 

The hidden hole our client fell into had no cones, markers, or other warnings of the hazardous conditions. The dangerous excavated pit was located on a resident’s property, in a high foot traffic common area, close to the curb line where people regularly park their vehicles. Property owners have the responsibility to keep their premises safe. The defendant who owns, controls and maintains the property at which this incident occurred, clearly breached their duty owed to our client (the plaintiff). Not only did the defendant have notice of the dangerous condition, but they even acknowledged creating the hazard and failing to take any necessary measures to warn or protect the public. Attorney Adam Kocaj filed suit against the property owner, and was able to tendered their full policy limits—settling the case for $100,000.