Woman tripped and fell at entrance of mobile restroom trailer – $180,000 Settlement

This case stemmed from a trip and fall that occurred at Sam’s Club. On June 2, 2012, the 59-year-old plaintiff was shopping at Sam’s Club as the store underwent construction. While on the premises, the plaintiff had to use the restroom and was directed by store personnel to a temporary mobile restroom facility that was built and maintained by KMD Construction LLC. As the plaintiff attempted to enter the mobile restroom trailer, she tripped and fell over a raised metal threshold. The plaintiff sustained a cervical sprain/strain and left knee contusion, resulting in a total knee arthroplasty. Plaintiff had significant pre-existing conditions including chronic neck pain, a cervical fusion, fibromyalgia and severe bilateral osteoarthritis of her knees. Sam’s Club denied responsibility and a lawsuit was filed in Chesapeake Circuit Court. Both liability and damages were issues in the case.

[14-T-146]

Type of action: Personal injury – trip & fall
Injuries alleged: Knee contusion, cervical sprain/strain
Name of case: Peruccu v. Wal-Mart Stores, Inc., et al.
Court: Chesapeake Circuit Court
Case no.: CL14-889
Date resolved: Sept. 17, 2014
Verdict or settlement: Settlement
Amount: $180,000
Attorneys for plaintiff: Elizabeth K. Ufkes and Michael L. Goodove, Norfolk
Insurance carrier: The Cincinnati Insurance Company