A Haifa resident who claimed she was injured while shopping at the Yochananoff branch in Hatzot Hamifratz will be awarded huge compensation.
The woman's lawsuit against the chain was filed by attorney Ido Penn, who specializes in tort claims and struggles to assert rights against insurance companies.
According to the lawsuit, the incident occurred at the end of August 2020. In the afternoon, the plaintiff arrived to shop at the branch near her home. According to her, while wandering among the shelves in the central aisle of the branch, the plaintiff suddenly felt herself losing balance, as her feet slipped on a slippery liquid that had pooled on the floor, she twisted her foot and fell with great force onto her back.
The woman got up with her whole body aching, and finished her shopping, confident that the pain she was suffering from was temporary and would pass in the coming hours. But unfortunately, the pain only got worse.
The next morning, the plaintiff went to the health insurance company, where she was diagnosed as suffering from significant injuries to her lower back and left foot.
Two days later, she was examined again, this time by an orthopedist, who diagnosed significant tenderness in her lower back area radiating to both legs, and recommended intensive physical therapy. It is alleged that despite the numerous treatments
received during the months following the incident, the plaintiff continued to suffer from ongoing back pain and limitations in movement and mobility.
Several months later, after her pain persisted and even worsened, the orthopedist referred her for a comprehensive CT scan of her lumbar spine, which revealed findings indicating significant orthopedic damage. Due to the findings, she was prescribed high-dose painkillers, and she was sent to undergo a series of physiotherapy treatments and medical massages, which unfortunately did not bring significant relief to her condition.
In her distress, the woman turned to lawyer Ido Penn, who filed a lawsuit on her behalf against the Yochananoff supermarket chain and against the insurance company that insured her.
Attached to the lawsuit was a medical opinion from Dr. Dror Robinson, an orthopedic specialist, who estimated that the plaintiff suffered a permanent medical disability at a total rate of 19% according to the National Insurance Institute regulations, due to the injury to her lower back and the neurological consequences resulting from this fall.
The opinion states that the plaintiff underwent a long recovery period that included numerous physical therapy treatments, but despite the treatments, her movement remained limited and she suffered from severe pain that limited her daily activities, including difficulties in standing and walking continuously.
The lawsuit claims that the supermarket chain, which is responsible for the accident, was negligent in failing to ensure a safe environment in the branch, failing to clean or properly mark the wet area, and failing to warn of the danger of slipping.
On the other hand, the chain's lawyers denied all of the lawsuit's claims. They claimed that if an accident did occur, it was entirely the plaintiff's own fault, who they claimed knew the location well and acted carelessly, without paying sufficient attention to her path.
The defense also claims that the plaintiff has not proven a clear connection between the incident and the damages she claims. In the defense, the network's attorneys asked for a comprehensive medical examination of the plaintiff and for the prosecution's expert to be examined in court.
Judge Rene Hirsch of the Rehovot Magistrate's Court heard the parties' arguments and reviewed the medical report. After delving into the details of the case, the judge suggested that the parties reach an agreed-upon settlement, which would avoid lengthy court hearings.
After intensive negotiations, the parties reached an agreed proposal, according to which the supermarket chain would compensate the plaintiff in a lump sum of 191,790 shekels. The settlement agreement emphasized that the payment would be made in advance of the legal action, without any admission by the chain of responsibility or liability for the accident.
The agreement also stipulates that upon receipt of payment, the plaintiff finally and completely waives any future claim against the supermarket chain, and it also stipulates that the amount includes all legal expenses, fees and attorney's fees.
The agreement was submitted to Judge Hirsch, who gave it the force of a judgment.
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