Case Results

$215,000 Settlement – Man Steps on Nail Causing Serious Injury Due to Negligent Waterproofing Company

On July 4, 2015, our client was seriously injured when he stepped on a nail in his backyard. Our client had hired a waterproofing company to waterproof his basement. To do so, part of our client’s deck had to be removed so that workers could get under his house. The company had a duty to ensure that they cleared away all debris once they completed the job. However, they failed to meet this duty when they left a wooden plank with nails in it at the bottom of our client’s steps. As a result, our client stepped directly on the wooden plank causing a nail to puncture his toe.

The following day, the injury was so painful that our client went to the hospital to have his injured toe examined. He was given a tetanus shot and told to follow up with a podiatrist. Our client went to the podiatrist the next day and complained of pain in his toe extending up his leg. As soon as the doctor looked at it, he immediately sent our client back to the hospital because his toe was infected. As a result of this infection, our client spent the next week in the hospital with a series of cascading health issues. Upon discharge, it appeared that our client’s toe was healing, and he was instructed to continue wound care and to follow up again with his podiatrist. Unfortunately, two weeks later, our client’s toe developed gangrene. He was subsequently re-admitted to the hospital, where doctors unfortunately determined that his big toe needed to be amputated.

The infection in our client’s toe also caused his kidneys to be strained. This resulted in acute kidney failure, and he now suffers from permanent kidney damage. The stress, pain, and infection from the injury also caused our client’s blood pressure and blood sugar levels to become elevated. As a diabetic, this was especially dangerous for our client as anytime his blood pressure or blood sugar levels were elevated for long periods of time, damage was being done to his body.

This was a preventable injury. Had the waterproofing company properly cleared away the debris when they were done working, our client would have never had to experience this series of traumatic and painful events. Now as a result, our client’s life has been drastically impacted as he is unable to do routine activities without great difficulty. The amputation of his toe has also had a significant impact on his self-confidence as he feels greatly embarrassed to have a missing toe. He also continues to struggle with elevated blood pressure and blood sugar levels because of the injury.

Our firm was retained to assist our client in his recovery and our team worked tirelessly to ensure that our client got the recovery he deserved. We were able to completely avoid the need for our client to ever set foot into a courtroom, as we were able to obtain a substantial settlement for him. Though he will carry the scars from this incident with him for the rest of his life, the settlement we were able to secure for our client will go a long way to account for his pain and suffering and will ensure that he can receive the necessary medical treatments he now requires.

Charles E. Boyk Law Offices, LLC