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All My Assets for a Slip and Fall

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I am a quadriplegic living on Social Security disability and a modest pension. I live in my own handicapped adapted home and receive health care from a local visiting nurse agency.

A nurse familiar with my home and its facilities claimed that she slipped over a chair in my room while my back was to her. This was a chair she was familiar with, but she said she walked backwards away from my bed during my care. She hopped within my view claiming an injury to her knee. She called her agency and reported that she couldn’t continue the remainder of her visits but did stay with me to complete my care, which was noncritical.

She claimed a disability leave from work under workman’s compensation, returned to work in light duty and was eventually laid off. Later, I was sued by her lawyer, who claims that she suffered a “career ending injury” from a “spinal cord injury,” although her original claim was for her knee. She is not satisfied with the limits of my home owners insurance and is pursuing all my assets including my home.

11 comments

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  • I am so sorry to hear this. This is just one more example of an out of control entitlement age. People get hurt and they immediately want to sue. I am really really sorry this is happening to you. I hope the court throws out her case.

  • To suffer any type of injury from walking in to a chair I guess no one has children in this country anymore.You should see what the children at my house runn me into and I am sill not under any workmans comp just a housewhife my son just banged his 2 year old head into mine and I still have a bump…should I sue for facial disfiguration depression.How could your rooms furnishings be responcible or you is she in control of her body or perhaps that nurse should be in a nursing home.

  • Wasn’t she an employee at the time, so she had worker’s comp claim and then to file a third party claim she must prove some negligence on you. No disrespect, but how could you be negligent being paralyzed. Also, if she did recover anything from your homeowners’ insurance, then her workers’ comp. carrier would have a subrogation claim against any recovery.

    If all you say is true then please provide the NAME OF PLAINTIFF, CAUSE NUMBER, STATE AND DISTRICT WHERE IT IS FILED, AND BOTH ATTORNEY REPRESENTING PLAINTIFF AND YOU VIA YOUR HOMEOWNER’S INSURANCE.

  • If we would just pass laws making the parties responsible for bringing a frivolous lawsuit liable for all the costs of the lawsuit, we would be one step closer to a prior time in this country where people assumed responsibility for their actions. It was a good time to remember when lawyers actually tried to resolve differences.

  • If people can sue and win six million dollars for spilling hot coffee on themself, why do you find this so hard to believe? A new activity for tourists visiting from overseas is take photos of the absurd warning labels. The USA legal profession makes me ashamed to be an American

  • This is one among the many and I do believe you unlike one of the other who commented. Lawsuits are a form of entitlement to the morally chalanged.

    I know of a woman who deliberatley stepped into oncomming traffic and suffered severe injuries yet wanted to sue the driver who hit her. We found out the woman was under the care of a psychiatrist and medications.

  • I’m no attorney, but this doesn’t seem so unbelievable to me. You can sue anyone for anything — but it doesn’t necessarily mean you’ll win.

  • This highlights the need to review the contracts with parties you contract with very carefully. Using an indemnity agreement, you always want to make sure that a contractor’s employees (in this case the agency) cannot sue the hiring party for injuries sustained in the process of providing contracted services (i.e., the claim is turned back to the contractor’s Employer’s Liability insurance). Unfortunately, individuals may not have the leverage to do this.