Petro Cohen recently secured a settlement on behalf of its client in the amount of $400,000 for injuries from a slip and fall on ice in a parking lot. Unfortunately, our client suffered a fractured shoulder requiring surgery as a result of the fall.
At the time, our client was leaving her place of employment and walking to her car to a parking space provided by her employer when the injury occurred. As she was injured while still within the scope and course of her employment she was able to seek benefits under the Workers’ Compensation Act (WCA). However, typically, when an employee is injured while in the course and scope of employment on the employers’ premises, recovery is limited to the remedies provided by the WCA. Despite these legal challenges, our attorneys pressed forward.
Extensive investigation by the attorneys of Petro Cohen revealed that the property was owned by a separate legal entity despite the fact that the employer actually controlled the property. This provided the basis for the argument that the injury occurred at a property location which was not our client’s “employer” but, rather, a separate entity responsible for the property conditions.
From the outset of the case liability was hotly contested and continued through extensive litigation. Nevertheless, through the efforts of our attorneys the matter was able to resolve in favor of our client for the sum of $400,000.
Richard Gaeckle, a Partner in the firm’s Personal Injury Department, was principally responsible for the handling of this matter on behalf of our client
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