Our client was injured when he stepped on a nail that was on his outdoor patio. The nail penetrated his shoe and resulted in a puncture wound. When he left his house in the morning, his patio was clear of any debris or dirt. When he returned there was ground dirt on his patio, and a rusty nail. Apparently, there were cable installers who had dug up the ground for purposes of installing cable wires. However, the cable installers claimed that they do not use nails, an did not unearth any nails. In fact, they claimed that to the extent that they dig holes, they put all the dirt on tarps and return it to the ground, where they found it.
Our client was a diabetic, and as a result has poor circulation in his feet. Unfortunately, the relatively minor puncture wound got infected, and ultimately resulted in the amputation of three toes. The case went to mediation with the Honorable Howard Chasanow. The case settled at mediation.