Our client slipped and fell on a spilled drink that had not properly been cleaned up at an A&W and Long John Silver Restaurant in Liberty, Missouri in May 2019. She was taken by ambulance to Liberty Hospital and was diagnosed with a humerus fracture (break of humerus bone in the upper arm). A few days later she had surgery on her arm and had to endure months of physical therapy thereafter. The insurance company for the restaurant argued that they placed a wet floor sign near where our client fell. As explained in another blog, just because a wet floor sign was placed on the floor does not mean that a party cannot be held liable for someone slipping and falling. We successfully argued that the wet floor sign was not placed where it should have been and the restaurant was still liable for our client’s injuries.

While the insurance company initially offered our client $30,000 to settle the case, she had an ERISA lien that was being asserted by her health insurance plan that would have prevented her from seeing one dollar. Our client then contacted Foster Wallace and engaged our law firm to assist her with her case. Foster Wallace stepped in and was able to get the matter resolved for $80,000 and also negotiated her ERISA lien down significantly, leaving her with a significant sum of money after paying the health insurer and attorneys’ fees. Our client was thrilled with the result.