EMP represented the manager of a retail store who fell from an unprotected second floor loft that was used for storage. The manager became a paraplegic. EMP represented her in the workers’ compensation claim and in a separate negligence claim against the owner of the building for having an unprotected second floor loft in violation of OSHA standards.
At the time of the injury, the manager lived with her husband in a third-floor condominium. The condominium association would not allow her to build an elevator on the outside of the condominium to provide her access to her home. The manager and her husband built a new home and EMP was able to have the insurance carrier pay in excess of $150,000 to make the home handicapped accessible. These improvements included a lift into the swimming pool, a kitchen that was fully accessible to the manager in her wheelchair, a fully accommodating bathroom and dressing room, a special exercise room that would assist her in maintaining bone density and circulation and her legs. She was also provided three different wheelchairs that functioned well in different environments.
She received approximately $1.5 million in the settlement of her workers compensation claim and the settlement of the negligence claim against the owners of the building.