Workers’ comp lien had to be compromised prior to the matter being settled
Plaintiff is a management employee with a company in Troy. The defendants were a snow removal contractor, a property maintenance company, and the property owner’s association for a large commercial office complex in Troy.
Plaintiff slipped and fell on ice while walking to his car in the parking lot of the office building. The incident occurred several hours after the conclusion of a snowstorm that left approximately 8 inches of snow in Oakland County.
Defendant snow removal contractor had plowed the subject parking lot clear to the surface very shortly after the snow subsided, but did not apply salt or melting compound until hours after Plaintiff fell. Plaintiff fell on the unsalted parking surface sustaining severe injury approximately four hours after the plowing had concluded.
Plaintiff had a complicated recovery, which included multiple surgical procedures. Plaintiff’s employer also maintained a substantial workers’ compensation lien, which had to be compromised in order for the matter to be settled.
Plaintiff overcame defendants’ motions for summary disposition arguing open and obvious and lack of duty.
The matter settled via facilitation for $480,000.
Type of action: Negligence, premises liability
Type of injuries: Compound spiral fracture of right lower leg
Court/Case no./Date: Oakland County Circuit Court; 11-121926-NO; April 1, 2013
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