For years, a commercial retailer kept a hedge planted within a low concrete planter, which deterred customers from tripping on the planter’s ledge. However, the retailer eventually ripped out the greenery. Instead of removing the empty planter, though, they took the cheap route: they poured concrete into the basin, creating a nearly invisible hazard along their entryway. When an elderly woman breezed up to the store, dark shadows obscured the gray concrete ledge from the gray concrete sidewalk. She tripped on the planter’s corner and smashed her head, arm, and hip onto the hard ground.
The brutal fall fractured the victim’s orbital bone and inflicted her with traumatic brain injuries. Deep red bruises darkened her eyeball, face, arm, and leg. As a retiree, she had been looking forward to spending her golden years taking life slow with her husband. Her children were grown, she lived in a retirement community, and she had been greeting each coming day with enthusiasm. But her severe injuries upended her plans for a peaceful retirement. Instead of days of rest and joy, she was forced to spend her time recovering from her severe brain injuries.
The victim approached a couple of law firms about her case, but each one turned her away. She eventually turned to Tim Pollard, founding attorney and president of The Pollard Firm, APC. Tim’s firm primarily focused on premises liability cases, as well as personal injuries, slip-and-falls, and wrongful deaths. As a child, Tim had been injured himself. A personal injury attorney fought hard for him and inspired him to pursue and career in personal injury law. Tim immediately began the discovery process to unearth as much history as he could about the retailer and the planter. He even visited the injury site and found that the ground was sloped, which would have increased the victim’s walking speed.
As part of his discovery, Tim pulled all the building permits and construction modifications. He also subpoenaed Google Earth and obtained photographs of how the planter had been modified over the years. He discovered that the planter had held hedges and rocks before the retailer opted to fill it in with concrete. He went on a fact-finding mission and deposed around a half-dozen witnesses. During the deposition with a former employee, he discovered that a previous customer had tripped on the planter. The customer sustained no injuries but entered the store and lodged a complaint, warning of the hazard. Despite the store having a tracking system for complaints, no report was ever written. Instead, the retailer ignored the customer’s warning and left the dangerous conditions in place.
By securing the testimony of the previous customer, Tim evaded the defense’s attempt at a motion for summary judgment. However, the defense took a position of maximal denial from the start. They claimed the victim should have paid better attention and that the retailer had done nothing wrong. Over the next year and a half, the defense denied all liability and presented zero settlement offers. Tim knew that he needed to make it glaringly apparent that the retailer had created a dangerous condition on their sidewalk.
To establish liability, Tim brought on forensic and construction experts, a human factors expert, and the victim’s neurology team. A site inspection revealed the environment was even more dangerous than photographs had captured. Tim needed to convey how shadows crossing over the low planter would have easily camouflaged the danger to passersby. He brought on DK Global to recreate the scene and the victim’s fall. He knew that by providing a visual, not only would he have command of the narrative, but he’d be able to connect all the dots for a future jury.
The DK Global animation opened with a picture of the retailer's entryway, followed by a picture of the cemented-in planter. Archived Google Maps photos showed how the planter became less visible as it was altered over the years. An animation showed the victim walking along the sidewalk and tripping over the planter's corner. Dark shadows from a pergola obscured the danger. The impacts to the victim's head, arm, and hips were highlighted. The visual concluded with pictures of the victim's severe bruising.
The defense received the animation about three weeks before the trial date. Once they saw the animation, they stopped denying liability and began discussing damages. The defense also petitioned to have the jury visit the location, but the court denied it. The case was settled five days before trial for an extremely favorable but confidential sum. When Tim told his client, she was surprised by the settlement amount. After three years of ongoing stress and anxiety, the plaintiff was relieved to have closure on this chapter of her life and for the retailer to finally face accountability.
Tim Pollard, founding attorney and president of The Pollard Firm, APC, has represented personal injury victims for over 16 years. His firm has focused primarily on premises liability cases, as well as auto accidents, wrongful death, and slip-and-fall cases. He previously had founded Tucker | Pollard and had worked at Salisbury Law Group, JPMorgan Chase, and the Law Offices of Joseph A. Howell. He is a member of the California State Bar, Los Angeles County Bar, Orange County Bar, CAALA, and the National Trial Lawyers Association.
