This case involves the tragic death of a legally blind elderly man from massive head injuries he suffered in a fall caused by a severely damaged concrete parking stop in a convenience store parking lot. While walking into the store to buy some snacks, our client’s cane, which he used due to his blindness, became stuck in a cracked and broken parking stop in front of the store. As he walked and the cane jammed into the broken concrete, our client lost his balance, fell, and struck his head on the concrete curb leading from the parking lot to the sidewalk in front of the store.
On two separate occasions, the store manager requested that the property owner repair the severely damaged and dilapidated parking stops pursuant to the terms of their lease agreement for the property. When his first request went unfulfilled, the store manager again requested the repairs be made. Again, his request went unfulfilled. Importantly, the store manager testified that the reason he wanted to parking stops fixed was that they presented a danger to his customers. Sadly, he was correct, as our client died as a direct result of these broken, dilapidated, and dangerous parking stops.