A 57 year old paraplegic who sustained right shoulder injuries while staying at the Holiday Inn Express secured a settlement of $750,000.00 based on the negligence of the defendant. The plaintiff, who was represented by Personal injury Attorneys Patrick Dougherty and Brian J Walsh of the DLP Law Firm, suffered a torn bicep tendon, as well as a torn rotator cuff when the safety bar detached from the wall while the plaintiff was alighting from the commode.

As a result of the incident, the plaintiff underwent arthroscopic surgery for his torn rotator cuff. At the time of the incident, the plaintiff was employed by the paralyzed veteran’s association as a wheelchair repair person. Due to the incident, the claimant was deemed totally disabled and was unable to continue his employment.

DLP pursued a theory of liability that the safety rail was inappropriately secured to the bathroom wall. In addition, the complaint filed by DLP alleged that the defendant was negligent for failing to have appropriate inspection measures in place to ensure that the safety rails were properly attached to the wall.

The case settled prior to trial with the plaintiff securing a settlement in the amount of $750,000.00 to compensate for future loss of earning capacity and plaintiff’s pain and suffering.