Illinois Fall Case Results in 2.25 Million Settlement from Kmart

An Illinois slip and fall lawsuit was recently settled for $2.25 million. While the case involved fairly severe injuries, what was really unique was the plaintiff’s theory of liability.

In 2006, the 43 year-old plaintiff fell as she was leaving a Kmart store located in Midlothian, Illinois. As a result of the fall, she sustained a right knee fracture and tear in her anterior cruciate ligament (ACL). In addition, she was diagnosed with a nerve injury that resulted in a foot drop. Since her fall at Kmart, the plaintiff has undergone a knee replacement and several additional surgeries aimed at repairing her peroneal nerve injury.

At her deposition regarding the Illinois personal injury lawsuit, the plaintiff testified that she fell after slipping on a sheet of paper that was lying in a puddle of water. That sheet of paper was actually a Kmart flyer; therefore, the plaintiff was able to connect the cause of her fall directly to Kmart. In addition, she blamed not seeing the Kmart flyer on a plant display.

According to the plaintiff, she was leaving the Midlothian Kmart on a June evening when she became distracted by a plant display outside the store. She turned her head to look at the plants, which is when she walked into the puddle and slipped on the Kmart flyer. The plaintiff claimed that the defendant store was negligent as a result both of its plant display and flyer distribution.

While it would have been interesting to see what a jury made of the plaintiff’s theory of liability, the Illinois personal injury lawsuit was settled for $2.25 million before it went to trial. The lawsuit was settled with the assistance of Circuit Court Judge Thomas L. Hogan.

Kreisman Law Offices has been handling Illinois personal injury cases for individuals and families for more than 35 years in and around Chicago, Cook County, and surrounding areas, including Wheaton, Hoffman Estates, Park Ridge, and Lynwood.

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