$400,000 Jury Verdict for Gas Station Patron Injured on Black Ice and Diesel Fuel

Allen Zunner got out of his car to pump gas at a convenience store gas station when he fell on black ice and diesel fuel, which had settled on the concrete pavement around the gas pump. Zunner, 53, suffered a massive torn right rotator cuff injury and underwent two surgeries.

Zunner’s medical expenses were more than $44,000. Although the second surgery was a success, Zunner has limited range of motion in his right shoulder. He also has scarring at the surgical site.

Zunner sued the convenience store claiming that it chose not to warn customers about the known leaky gas pump. The lawsuit also claimed a failure to maintain the gas pump and the surrounding area around it. There was no lost income claimed by  Zunner.

At a jury trial, the jury entered its verdict in the amount of $420,000. The defendant has appealed the verdict.

The attorney representing Zunner was Eric Edwards. At trial, the testimony of a two treating orthopedic surgeons and a concrete maintenance expert were offered by the plaintiff. The defendant offered up its own orthopedic surgeon to challenge the nature and extent of Zunner’s injuries.

Zunner v. Holding’s Food Store Inc., No. CJ-2013-00095 (Okla., Garfield Co. Dist. June 23, 2014).

Kreisman Law Offices has been handling work injury cases, construction site injury cases, motorcycle accident cases, car accident cases and truck accident cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Antioch, Arlington Heights, Bensenville, Joliet, Orland Park, River Grove, Naperville, Long Grove, Elmwood Park, Elk Grove Village, Countryside, Country Club Hills, Wheaton, Waukegan, Winnetka, Franklin Park and Lansing, Ill.

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