In September 2007, plaintiff Margo Nickerson, 32, was exiting her apartment in a low-income area of Fort Pierce. Nickerson stated that as she was about to descend the landing down four steps, she slipped. She grabbed a railing that she claimed was loose and then fell. She claimed neck and back injuries.
Nickerson sued building owner Lenders Plus for premises liability.
Nickerson claimed that the 4-foot long wooden handrail wasn’t properly bolted to the stairs. She claimed that it was loose and when she grabbed the rail it shifted and came free. Plaintiff’s counsel maintained that some of the handrails were missing at the complex. She claimed that she previously complained to the property manager about the handrails on the property, and her complaints did not result in any action to repair them. Plaintiff’s counsel noted that the property manager testified that the owner of the building had “other priorities” such as getting the property “rent ready.” Plaintiff’s counsel contended that in deposition the maintenance man stated that he did not fix the railings.
Defense counsel argued that the handrails had been repaired by the maintenance manager. Defense counsel also stated that the plaintiff misstated in her deposition testimony how she exactly fell. The plaintiff was unlikely to have fallen on her back as she described, stated defense counsel.
Plaintiff’s counsel countered that Nickerson in her depositions stated that the accident happened so fast, she was not sure the manner in which she fell.
Nickerson was taken to the emergency room by her husband. On Nov. 1, she underwent MRIs and was diagnosed with herniations at C3-4 and L5-S1. She underwent a cervical fusion in July 2008 and a lumbar discectomy the following October. In February 2010, one of the plates in her neck slid, which required surgery to remove the plate.
Plaintiff’s counsel stated that Nickerson will likely suffer from further neck degeneration and will need a fusion surgery at the level below her discectomy. Nickerson will need continued physical therapy and possible facet block injections.
Nickerson stated that she is often in pain and has difficulty sleeping. She is limited physically in the amount of effort she can put into a task. Nickerson said activities such as caring for her children have become more difficult. She said that she now is going to school for medical billing so she can work from home. Plaintiff’s counsel sought about $198,000 in past medical costs and $307,000 in future medical costs. She didn’t seek lost wages.
Defense counsel presented medical experts who said that Nickerson has made a good recovery from her injuries.
The jury returned a plaintiff’s verdict and awarded Nickerson $1,004,075.80.
Margo Nickerson
$198,076 Personal Injury: Past Medical Cost
$306,000 Personal Injury: Future Medical Cost
$200,000 Personal Injury: Past Pain And Suffering
$300,000 Personal Injury: Future Pain And Suffering