A 74-year-old Sugar Grove man was awarded a $550,000.00 settlement after sustaining injuries due to the negligence of the American Sale store in Naperville.
In 2018, Bill was shopping for a hot tub at the store when the salesperson offered Bill the opportunity to get in and test various hot tubs. As Bill was exiting one of the hot tubs, his foot slipped out from underneath him and he fell backward, striking his head, neck, back, and arm on the tile floor.
After returning home, Bill’s pain and discomfort grew worse and he ultimately decided to go to urgent care. Over the next year, Bill’s pain persisted in his shoulder and right arm and did not improve with physical therapy. “I had never had any issues before the injury and things didn’t start to get any better,” said Bill. Sadly, for about two years, Bill’s injuries affected his daily life and held him back from enjoying his retirement.
Led by trial attorneys Craig D. Brown and Thomas M. Connelly, the Meyers & Flowers team worked closely with Bill to earn rightful compensation for his injuries. Craig and Tom filed a lawsuit against American Sale for premises liability, alleging that the store failed to provide a reasonably safe surface for Bill to exit the hot tub.
“In conducting our investigation into these events, we discovered evidence that American Sale did not provide a handrail, floor mat, or any other protective surface to allow customers like Bill to exit the hot tub safely,” said Tom Connelly.
Initially, American Sale argued that Bill’s treatment was excessive, and that Bill was at fault in causing the fall. The insurance company further attempted to diminish Bill’s case value because the case was filed in DuPage County, which is known to be one of the more conservative counties in the country for personal injury lawsuits.
“A hurdle in many premises liability cases is that the insurance companies do everything they can to avoid liability. In Bill’s case, our firm acted swiftly to invalidate any potential argument of comparative fault,” said Craig Brown.
After several favorable depositions, Craig and Tom aggressively pursued a high value settlement and were successful in convincing the insurance company that continuing any further in litigation would open the store up to significant liability.
“Based on a recommendation I chose Meyers & Flowers. I feel good about my decision because the team was professional and realistic. Craig and Tom were understanding. Craig has been doing this for a long time so he is aware of any issues you might run into and took the time to walk me through it so I could better understand. I am very happy with my settlement.”
If you or a family member have been injured as the result of unsafe property conditions, please contact the Meyers & Flowers team of attorneys at [email protected], (630) 232-6333, or online to request a free case evaluation.