Simon Law secures $600K verdict for hospital employee after injury

After a hospital employee slipped and broke her ankle on the facility’s ramp, Simon Law attorneys secured a six-figure verdict before a St. Louis County Jury.

In 2021, Michelle Wilson was walking to work at Mercy Hospital, where she was a medical assistant. The wheelchair ramp she was walking on was wet from a light rain, and she slipped and fell, breaking her ankle, according to Simon Law.

Six days later she underwent surgery for the injury, the firm said in its release.

In the lawsuit, Wilson claimed the hospital had previously coated the ramp in a slip resistant coating, but overtime as the coating wore away, it was never replaced.  This lack of maintenance violated the Americans with Disabilities Act, her attorneys argued.

“The defendant in this case failed to do basic maintenance on this wheelchair ramp that is supposed to make sure the hospital is accessible to people with disabilities,” said Simon Law Attorney Johnny Simon. “This failure caused our client to suffer extensive injuries to her ankle. It’s inexcusable and irresponsible and we are very happy the jury held Mercy accountable.”

Wilson’s attorneys did not present any medical bills during the trial and sought only “damages for pain, suffering and the fear of future medical treatment.”

“Mercy denied liability, asserting that the accident occurred because it was raining and Wilson was walking too quickly because she was late for work, according to the release. “Mercy also claimed compliance with Joint Commission inspection standards and retained an expert who conducted tribometer testing, offering opinions that the ramp met applicable slip-resistance thresholds and was reasonably safe at the time of the fall. Mercy challenged where Wilson fell, how she fell and the extent of her injuries. “

Simon argued that the testing did not accurately reflect the degradation of the coating and that the rain exacerbated this but did not cause the hazard.

After deliberating, the jury returned a verdict of $600,000 in damages, assigning 80 percent fault to Mercy Hospital.