Guest of Denny's Restaurant's has severe wrist injury (requiring two (2) surgeries) from fall off loose booth.

As mentioned above, our client was seriously injured at a Denny's only offered $20,000 so Miami Accident Lawyer Justin Ziegler filed a accident lawsuit against KS & P Restaurants (D/b/a/ Denny's).  Our client was getting out of a booth after having dinner and the booth "seesawed" in the air which sent him to floor landing on his wrist. He fractured his (bone of the wrist) and he went to Broward Hospital in Fort Lauderdale, Florida. 

Mr. Client fell sustaining injuries to his lower back and his dominant (right) wrist. He reported to Dr. Williamson, M.D. of Dade Injury Rehabilitation where he was diagnosed with lumbosacral spine strain/sprain and fracture of the scaphoid. He then went to Memorial Hospital where the scaphoid fracture was confirmed and he was given a sling.

On December 14, 2006, Dr. Zaslow, D.O. saw Mr. Client and diagnosed him with lumbar strain and contusion of the right iliac creste, status post transverse fracture of the scaphoid of the right hand. On December 15, 2006 Mr. Client again was seen by Dr. Williamson, M.D. On December 15, 2006 Dr. Williamson examined him and his impression was fracture right navicular and lumbosacral strain/sprain with myofascitis.

On December 22, 2006 and December 28, 2006, Dr. Zaslow checked his cast. On January 11, 2007 Dr. Zaslow recommended he see a hand surgeon. On January 17, 2007 Dr. David Blum, M.D. examined Mr. Client, and radiographs revealed that the right wrist has a scaphoid  fracture at the junction of the proximal and mid portion of the bone.

Dr. Blum noted that he can continue with non-operative treatment; however he thinks he will have a higher likelihood of developing a nonunion and requiring later reconstructive surgery. Dr. Blum recommended open reduction and internal fixation with possible bone grafting. The cost of surgery would include a $5,000 surgeon fee, a $5,000 surgery center fee, and approximately $1,000 in medication. Dr. Blum states he would probably need therapy, which would cost about $3,000. Whether he is treated operatively or non-operatively he wants Mr. Client to get an ultrasound bone stimulator which costs about $5,000. If the fracture heals he will have impairment.

On February 9, 2007, Dr. Blum's notes indicate that Mr. Client came in to his office with an Exogen Bone Stimulator. The cast was windowed over the scaphoid. An Exogen bone stimulator was placed. Mr. Client was taught how to use the bone stimulator.

On March 2, 2007, Dr. Wallace Williamson, M.D.'s clinical impression of Mr. Client was - fractured right navicular Mr. Client - lumbosacral spine strain/sprain with myofascitis.

On March 15, 2007, Dr. Blum ordered an MRI of the right wrist due to a right schaphoid nonunion and to rule out avascular necrosis. Dr. Blum noted that Mr. Client has been wearing a cast since his last visit and using a bone stimulator. Mr. Client had tenderness over the volar aspect of the wrist. Radiographs of the right wrist show a scaphoid waist fracture which has not healed. There appears to be some comminution. The assessment was a right scaphoid fracture. Dr. Blum also discussed the need for surgical intervention. Mr. Client was placed into a thumb Spica splint.

On March 23, 2007 Dr. ZASLOW examined Mr. Client and advised him that there has been a contusion of his right iliac crest and lower back in spasm. Mr. Baptist has rigidity making it difficult for him to sit up from the lying down position. He is unable to rotate his spine well. He feels numbness and tingling in his right hand and this extends all the way down to his fingertips. His low back pain worsened with tension testing. He is unable to find any position to relieve his discomfort. Straight leg raising on the right and left increased his symptoms. Mr. Client feels tingling and numbness in his toes.

Dr. Williamson referred Mr. Client to have an MRI of the lumbar spine and the Dr. Ronald Roskin's, MD's impression was a normal MRI. Dr. Michael Wilensky, M.D. referred Mr. Client to have an MRI of the right hand and the impression was joint effusion in the first metatarsophalangeal joint. This is associated with evidence of surrounding soft tissue edema.

On April 9, 2007, Dr. Blum ordered an MRI scan of the right wrist to assess possible AVN status post scaphoid fracture with nonunion. Dr. Michael Zlatkin, MD'S impression was a fracture of the scaphoid with evidence of cystic change and nonunion. The fracture involves the waist and proximal pole. There is a humpback deformity. There is associated marrow edema. There is evidence of proximal pole low signal intensity and signal alterations in keeping with the presence of avn. There is mild radioscaphoid arthritis. There is evidence of a disi deformity of mild degree.

On April 16, 2007 Dr. Blum stated that Mr. Batiste's chief complaint is wrist pain. On physical exam, Mr. Client has tenderness over the volar aspect of the wrist. He has limited wrist extension and thumb extension. His strength is limited by pain. Radiographs of the right wrist show cystic changes of the scaphoid waist. Dr. Blum recommended open reduction and internal fixation of the scaphoid fracture. Risks of the surgery were bleeding, infection, nerve injury, risks of anesthesia, etc. Dr. Blum mentioned the possibility of a second surgery if there is significant collapse of the scaphoid.

On April 20, 2007, Dr. Blum operated on Mr. Client. The preoperative and the postoperative diagnosis was a right scaphoid  nonunion. Mr. Client was placed under general anesthesia. The guidewire was drilled from the proximal to the distal.

On April 25, 2007, Dr. Blum noted that Mr. Client reports that he has intermittent pain and feels like his wrist is stiff. He has been in a splint since surgery. Mr. Client has pain with ROM. Radiographs show the screw is in place across the scaphoid fracture. The assessment was percutaneous injection of demineralized bone matrix into scaphoid  nonunion. Mr. Client was placed into a thumb Spica cast. He was instructed to use the Exogen bone stimulator twice a day. On April 27, 2007 Dr. ZASLOW examined Mr. Client for a follow up visit and gave him a permanent partial rating to the body as a whole of 4% to 5%.

On May 2, 2007, Dr. Blum examined Mr. Client and noted that he has been wearing a cast since the last visit. On examination of the right upper extremity, his incisions are healing. He has tenderness over the anatomic snuffbox. Radiographs of the right wrist show the screws in place. Mr. Client's sutures were removed. He was placed into a thumb Spica cast. He was instructed to use the bone stimulator twice a day.

On June 4, 2007 Dr. Blum examined Dr. Blum and stated that Mr. Client has tenderness over the anatomic snuffbox. He has tenderness on the volar aspect of the wrist. Radiographs show the screw in place. The fracture line is still visible clearly on the radial side of the bone. Mr. Client was placed into a thumb Spica cast. He was instructed to continue using the bone stimulator and to use it daily. On August 8, 2007 Dr. Blum examined Mr. Client and on physical exam noted tenderness over the volar and dorsal aspects of the scaphoid. Radiographs of the right wrist show the scaphoid nonunion site is still visible. Treatment options were discussed including open reduction and bone grafting as well as continued care and following the healing. Mr. Client was placed into the thumb Spica cast. Dr. Blum wanted him to continue with the bone stimulator.

On September 5, 2007, Dr. Blum noted that on examination of the right upper extremity, he has tenderness over the anatomic snuffbox. Radiographs of the right wrist show the fracture site is still visible. The patient was placed in a thumb Spica cast. Dr. Blum wanted him to continue using the bone stimulator. Dr. Blum explained that if the fracture does not show any further improvement they will discuss open bone grafting and fixation. Dr. Blum examined Mr. Client recently and referred him to Diagnostic Health for a CT scan of his wrist.

Our injured client missed months of work, and was untimely released from his position as technician for Comcast in Miami because he did not have use of his dominant wrist. He now works in a Data entry position and has a decreased earning capacity as well as lost wages.  We will constantly be updating this page as the lawsuit continues. We are seeking the policy limits of one million dollars ($1,000,000.00) from the insurance company who insured the restaurant doing business as Denny's. Click here to see a press release.

The defense attorney, (as well as the insurance adjuster prior to us filing a personal injury lawsuit), filed an answer (which we will be posting shortly) and alleged that our client there is comparative fault on the part of our client (the accident victim). In its response to request to production, the insurance company indicated that they have surveillance videos of our client which were taken post accident.  In personal injury lawsuits defense attorneys may show us (at mediation) or the jury (during trial) surveillance videos of our client performing things that the client says in deposition or in (answers to interrogatories or responses to requests for admissions) he could not do.

Click here to see our request for production to the Restaurant.

Click here to see our Interrogatories to "Denny's" Restaurant.

Click here to see Defendant (d/b/a Denny's Restaurants) response to Plaintiff's Request to Produce.

Click here to see Restaurant's (d/b/a/ Denny's) answers to Interrogatories.

Click here to see the Customer's response to the request for production by the restaurant (d/b/a Denny's).