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$800,000 settlement at mediation for a 54 year old female insurance adjuster who fell at a New York City Department store, just as Covid was starting, when she slipped on streaky cleaning fluid of a sort that appeared to have been placed there by an automated floor cleaner, and landed with her arms out in front of her. The store initially denied responsibility, but we demonstrated that the store failed to preserve the video of the time leading up to the accident that would have shown the source of the slippery liquid and failed to report the accident as required by their internal Loss Prevention requirements. The plaintiff suffered dominant wrist injuries that required an arthroscopy with synovectomy, a scapholunate ligament pinning, and a carpal tunnel release. She had three additional surgeries – one to remove hardware, a carpal tunnel release on her other wrist, and finally a left elbow lateral epicondylitis debridement. She was left with residual loss of strength and rotation in both arms.
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