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Case Evaluation-Garin

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Case Evaluation-Garin

  1. 1. STATE OF MICHIGAN IN THECIRCUIT COURT FOR THE COUNTY OF OAKLAND Lynn Cartman, Plaintiff, Case no.XXXXX Hon. JESSICA A. FALLS v South Park Market Defendant. ____________________________________________________________________________________________/ FALLS, PLLC (P307330) FALLSBRIGHT, PLLC (P Beatrice L. Falls Bettie Albright 521 Modern World Futuristic Lane Suite 32016 Suite 2024 Kalamazoo, MI 49009 Kalamazoo, MI 49009 (269)929-7274 (269)929-7274 #3 PLAINTIFF’S CASE EVALUATION SUMMARY APRIL 24, 2015 approximately 5:30 P.M. Plaintiff Lynn Cartman through her counsel, FALLS, PLLC, states the following for her case evaluation: INTRODUCTION This case arises from Plaintiff’s alleged slip and fall accident at a shopping market in Auburn Hills. Plaintiff’s intentions for having visited the market that day, was to cash her check at the customer service desk. As Plaintiff was entering the store, she walked down the main concourse toward the customer desk. As Plaintiff walked closer to the desk, Plaintiff slipped and fell in a puddle of blue solution on the tile floor. The measurement of the puddle of blue solution seemed to cover many small broken up spaces. Plaintiff tried to resolve the matter directly with South Park Management, which refused to communicate with Plaintiff. Ultimately, as a result, on April 24,
  2. 2. 2015, Plaintiff, filed a claims action in circuit court alleging that South Park Market was negligent by not exercising the proper care of the tile floor where Plaintiff sustained debilitating injuries, in turn, which cause injuries to Plaintiff’s neck and lower back causing her to miss a great deal of work and drastically limit her once active lifestyle. FACTS On March 24, 2015, Plaintiff enteredthe premisesof SouthParkMarketin Auburn Hills to cash her check at the customer service desk. As Plaintiff walked the main concourse toward the service desk, Plaintiff slipped and fell, on the tile floor covered by puddles of blue solution, which caused Plaintiff to suffer injuries in her lower back and neck. South Park Market owes a duty and responsibility to Plaintiff by exercising reasonable care to its patrons. PLAINTIFF SUFFERING AN INJURY AT THE NEGLIGENCE OF AN OWNER PLAINTIFF’S SUSTAINED INJURIES FROM THE NEGLIGENCE OF A PREMISES OWNER IS A CLASSIC CASE OF RES ISPA LO QUITOR. This is a classic case of res ipsa lo quitor which entitles a plaintiff to permissible inference of negligence from circumstantial evidence. The physical, emotional, and mental damages suffered by Plaintiff are not of sum certain. Fees associated with injuries of this capacity can be considered incalculable. Hospital fees, therapy fees, missed days from work, are few of many setbacks that escalate the astronomical costs associated with having sustained such traumatic injuries. Property owners owe the highest degree of care to invitees to make sure they are safe from dangers on their property. Under this standard, a property owner not only has a duty to repair and correct known dangers, but he also has a duty to reasonably inspect for, discover, and correct unknown hazards in those areas of a premise in which an invitee might have access. The law defines reasonable as what a person of ordinary intelligence and judgment would do under the same circumstances if a premises liability case goes to trial. It is left up to a jury to decide what is reasonable under those circumstances.
  3. 3. It would be advantageous to have a jury decide the capacity and extent of a fair and meaningful value of this case. CUSTOMER ACCIDENT INJURY Lynn Cartman D.O.B: May 3, 1972 1234 Main St. City: (269) 345-9099: Obamacare Occupation: Date/Time of Incident: Employer: Details of bodily injury: Incident Type:

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