What was supposed to be an ordinary day for our client, Jane Doe (for purposes of confidentiality), turned into a life-altering event. Jane, a hardworking middle-aged small-business owner in Illinois, slipped on an unnatural patch of ice while exiting a residential complex where she was visiting a family member.
In that moment, her left foot twisted, her ankle shattered, and she was transported by ambulance to the hospital. She learned immediately that the injury was not a simple sprain but a complex ankle fracture requiring surgery, months of rehabilitation, and long-term limitations.
When a Simple Step Ends in a Lifetime of Change
Prior to the fall, Jane was very physically active. She worked out five days a week and regularly engaged in outdoor activities like nature walks and hiking. However, after the fall, she experienced severe pain, ankle instability, mounting medical bills, and a long road to recovery.
As our team at Pullano & Siporin began evaluating her case, it became evident that this was no ordinary slip-and-fall. This was a serious premises liability failure, but also a construction negligence case. Our investigation revealed that a construction project was completed 4-6 weeks before our client’s fall and that improper installation likely caused moisture to accumulate outside the building door, which then froze into an ice patch on which our client slipped and fell. As a result of the defendants’ negligence and unsafe conditions, our client’s life was changed forever.
The Injury: Fractured Ankle, Surgery & a New Reality
When Jane arrived at the emergency department, X-rays revealed a displaced fracture of the talus and ankle joint. She underwent open reduction and internal fixation (ORIF), in which plates and screws were used to stabilize the joint. Unfortunately, Jane’s first ankle surgery ultimately proved unsuccessful, and she underwent her second ankle surgery one year later. The second surgery initially improved Jane’s ankle pain; however, her ankle swelling and instability persisted, and the pain eventually returned.
Jane received a second opinion for her ankle within a year of the second surgery, and it was determined that the second surgery had failed and that Jane needed to undergo yet another surgery. Thus, Jane was forced to undergo a third complex ankle surgery to improve her symptoms of instability, swelling, and pain.
Unfortunately, the third surgery was unsuccessful as well. After the third surgery and long recovery, Jane decided not to proceed with a fourth surgery, given her track record with the previous three. Thus, Jane was forced to come to terms with the fact that she would have to live the rest of her life with a severely unstable ankle, which caused her frequent pain and swelling.
The Long-Term Impact of a Severe Ankle Fracture
For each surgery, Jane was non-weight-bearing for about 8 weeks, followed by physical therapy that lasted many more months. Despite treatment, she still experiences chronic pain, stiffness, and limitations in all activities that involve her left ankle.
Her daily routines shifted: she has been unable to return to her daily workout routine, she cannot go on hikes and nature walks, struggles with stairs, pain, experiences worsening symptoms in cold weather, and lives in fear of reinjury. These are the personal and human costs that go beyond medical bills.
Proving Defendants’ Negligence & Liability
Through the use of weather, construction, and engineering experts, our investigation demonstrated that the defendants’ negligence caused the dangerous, unnatural ice patch to form just outside the building exit where our client fell. As a result, our attorneys were able to prove how the defendants were liable for Jane’s ankle injuries caused by her fall on the ice patch.
The Duty and Breach
Under Illinois law, property owners owe a duty of care to invitees to maintain safe conditions on their premises. Moreover, construction contractors have a duty to perform their work in a reasonable, workmanlike manner such their work does not create unreasonably dangerous conditions on the property.
The evidence showed that the construction contractors failed to adequately install and seal certain exterior components of the building, causing moisture to fall onto the sidewalk just outside the door through which Jane exited on the date of the incident; the moisture eventually froze and turned to ice. There was also evidence that the building owner was aware of a slip hazard in that area, as the maintenance staff testified that they regularly applied copious salt to that area after snowfall.
Causation & Damages
Our engineering expert visited the scene and conducted water tests on the external fixture above the fall site, which demonstrated that the defendant contractors failed to seal it properly. Our expert meteorologist conducted a weather analysis for the date of the incident, which established that moisture would have accumulated above the fall site where the alleged leak was present. Through our experts, we linked the hazard (leaking moisture and resulting ice patch) directly to Jane’s fall. Documentation from hospital records, physical therapy notes, and objective functional testing filled in the picture of her injury, treatment, and ongoing losses. The severe ankle fracture and permanent limitations meant significant damages: past and future medical expenses, lost wages, diminished earning capacity, and pain & suffering.
Valuing the Case: What Makes a $2.3 Million Outcome Possible?
At the time of this settlement, $2.3 million is believed to be the largest settlement in Illinois history for a case in which the plaintiff’s only injury is a single ankle fracture. Such a settlement is only possible when the medical, financial, and personal consequences are uniquely significant, such as the three ankle surgeries in Jane’s case, combined with Jane’s previously active lifestyle, which was taken from her as a result of her injuries.
Leveraging Experts to Prove Liability and Causation
Cases like Jane’s are not won by accident—they are built through careful investigation and the strategic use of highly qualified experts. From the outset, our attorneys assembled a team of construction, engineering, weather, medical, and vocational experts to uncover why this fall happened and how it permanently changed Jane’s life.
Our engineering expert inspected the site and conducted water-flow and leak testing, confirming that the exterior construction work had been improperly performed and sealed. This defect allowed moisture to accumulate outside the building’s exit—exactly where Jane fell—creating an unnatural ice patch that would not have existed absent the defendants’ negligence. Our meteorology expert analyzed the weather conditions on the date of the incident and confirmed that temperatures and precipitation patterns were consistent with freezing conditions caused by leaking moisture, not natural snowfall or ice accumulation.
On the medical side, we retained a board-certified orthopaedic surgeon who explained the severity of Jane’s talus fracture, why three surgeries failed, and how the injury permanently compromised her ankle stability and function. A vocational rehabilitation expert then evaluated how those permanent limitations affected Jane’s ability to work, quantifying her diminished earning capacity and future economic losses. Together, these experts created a clear, cohesive narrative that tied the defendants’ construction failures directly to Jane’s fall, her fracture, and her lifelong impairments.
Winning Expert Discovery and Preparing for Trial
Insurance companies rarely pay full value unless they are forced to confront the strength of the evidence—and the risk of a jury trial. We aggressively pursued expert discovery and positioned this case for trial from the beginning.
After we disclosed our experts and their opinions, the defendants requested mediation. When their settlement offers failed to reflect the severity of Jane’s injuries and losses, we rejected them and prepared to move forward. During subsequent depositions, we thoroughly cross-examined the defendants’ experts and exposed weaknesses in their opinions, methodology, and assumptions. By the end of expert discovery, it was clear that the defense would struggle to present a credible case to a jury.
This trial readiness changed everything. Facing compelling expert testimony and the likelihood of a substantial verdict, the defendants significantly increased their settlement offers. On the eve of trial, they finally agreed to a $2.3 million settlement that fairly compensated Jane for what she had endured—and what she would continue to live with for the rest of her life.
Maximizing Settlement Value Through Strategy and Experience
Maximizing recovery requires more than documenting medical bills. We emphasized the full scope of Jane’s damages, including:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Chronic pain, instability, and swelling
- Loss of enjoyment of life and permanent lifestyle limitations
We demonstrated that Jane acted reasonably at all times and eliminated any attempt to shift blame. We focused on permanent impairment—not temporary discomfort—and made sure the defendants understood the long-term cost of their negligence. Our preparation made it clear that settling was the safer option than facing a jury.
The Result: $2.3 Million Settlement
After months of hard-fought litigation and comprehensive trial preparation, our experienced Chicago personal injury attorneys secured a $2.3 million settlement for Jane.
This outcome ensures that her future medical care, therapy, and assistive needs are covered. It compensates her for lost income and diminished earning capacity. Most importantly, it recognizes the profound physical, emotional, and lifestyle impact of her injury—and sends a clear message that unsafe premises and negligent construction practices will not be ignored.
At Pullano & Siporin, our ability to identify the right experts, develop compelling expert testimony, and prepare every case as if it will be tried is what sets us apart—and what allows us to achieve results like this for our clients.
Why Choose Pullano & Siporin
At Pullano & Siporin, we know how devastating a slip-and-fall accident can be. Backed by more than five decades of combined personal injury experience in Illinois, our attorneys have built a reputation for meticulous investigation, strategic litigation, and powerful results.
Our victories, spanning multi-million-dollar settlements and verdicts, demonstrate our ability to take on negligent property owners and win. From fractured ankles to life-altering head or back injuries, we take every case seriously, and we fight to restore what was taken from you.
You Don’t Have to Navigate This Alone
If you or a loved one has been injured in a slip-and-fall accident, we’re ready to stand with you, protect your rights, and pursue the compensation you deserve.
Contact us today for a free consultation, and let us help you protect your future.
