A personal injury case brought by a diner in a deli regarding a shoulder injury sustained in the deli settled for $450,000.
While enjoying lunch with her family at a Virginia deli, plaintiff was sitting in an armless chair at the table. The seat she was using positioned her with her back toward the aisle. 
A busser carrying a large bus pan that was heavy due to the load of dishes walked down the aisle. The busser was walking quickly due to the weight of the pan. While trying to walk past the plaintiff, the bus pan caught plaintiff’s arm, pulling it backward. The busser continued to walk, unaware of contact with the plaintiff.
Plaintiff reported sharp pains in her right shoulder and arm. When she sought medical treatment, the injury was diagnosed as an acute shoulder injury, and she was referred to physical therapy. When physical therapy did not improve the condition of plaintiff’s shoulder. Plaintiff underwent surgery on the shoulder, during which a superior labral tear was discovered. Two weeks later, plaintiff had a second surgery to repair a subscapularis osteotomy.
During the next 12 months, plaintiff underwent extensive treatment for the shoulder, including orthopedic treatment, multiple courses of physical therapy, pain management medication, and cortisone injections.
Plaintiff was owner and personal trainer in a fitness studio. Plaintiff missed time from work during the surgery and treatment period. The repair of the shoulder included implanting hardware during surgery. Plaintiff was left with some permanent limitation of movement of the shoulder.
Despite efforts by the defense to argue that plaintiff’s injuries were pre-existing and of a degenerative nature, the personal injury case was settled in favor of plaintiff. The settlement of the case was $450,000 to plaintiff.
Personal injury lawsuits result from many types of injuries of many causes. If you or a loved one has suffered an injury due to the wrongdoing or negligence of another, you may be entitled to fair financial compensation. If you have been injured through no fault of your own, call the attorneys of Altizer Law, P.C. Bettina and Terri will listen and determine if you have the basis of a lawsuit. Then, if you wish, they will represent you with their recognized skill and determination to win for you the highest possible verdict or settlement under Virginia law.
