Woman Permanently Injured After Restaurant Slip and Fall- $437,500 Settlement

A 57-year-old woman was left severely and permanently injured after tripping and falling on a slippery substance on the floor of a restaurant on Route 23 South in Wayne, New Jersey. Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein filed suit in the Superior Court of New Jersey, Bergen County. The defendant denied any liability and refused to accept responsibility. Defendant further alleged that the client was guilty of comparative negligence by not seeing the hazard. Partner Marc C. Saperstein proved that the defendant was negligent in failing to maintain a safe and hazard-free environment for patrons, and won our client a $437,500 settlement.

The injured woman initially went to the emergency room at Stony Brook University Hospital in Stony Brook, New York.  She was subsequently diagnosed with disc herniations, left knee meniscal tears and strain, lumbar radiculopathy, facet arthropathy, annular tear, as well as right knee strain with meniscal tears and aggravation of osteoarthritis.

For treatment, our client underwent lumbar decompressive laminectomy with fusion, left microdiscectomy, partial facetectomy, bilateral foraminotomy, posterolateral arthrodesis, and right knee arthroscopy with partial lateral meniscectomy, and tricompartment synovectomy. The client also completed several courses of physical therapy and received bilateral knee Supartz injections, spinal trigger point injections, and cervical epidural steroid injections for her pain.

Davis, Saperstein & Salomon, P.C retained a medical expert to author a narrative report proving the permanent nature of the client’s injuries. To prove the party responsible for the client’s injuries, Partner Marc C. Saperstein hired an engineering expert, who found that the failure to maintain a clean and slip free surface violated industry codes and standards, ultimately causing our client’s injuries. The experts’ reports assisted Davis, Saperstein & Salomon, P.C Partner Marc C. Saperstein in winning the client compensation for her injuries, pain & suffering.

 

Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, PC lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.

 

Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.  

 

Medical Glossary:

Annular Tear: A tear in the outer layer of a spinal disc.

Bilateral Foraminotomy: A surgery to widen the openings on both sides of the spine where nerves pass through.

Bilateral Knee Supartz Injections: Injections of a gel-like substance into both knees to lubricate the joints and reduce pain.

Cervical Epidural Steroid Injection: A shot of medicine into the spine in the neck area to reduce pain and swelling.

Disc Herniations: When discs (cushions) between the bones in the spine bulge out of place.

Facet Arthropathy: Degeneration or disease of the facet joints in the spine.

Left Microdiscectomy: A surgery to remove part of a herniated disc on the left side to relieve pressure on the nerves.

Lumbar Decompressive Laminectomy with Fusion: A surgery to remove part of the vertebra in the lower back to relieve pressure on the spinal cord or nerves and to join two or more bones together.

Lumbar Radiculopathy: Pain, weakness, or numbness in the lower back and legs caused by a pinched nerve.

Meniscal Tears and Strain: Tears and injuries to the meniscus, the cartilage in the knee.

Osteoarthritis: A condition where the cartilage in the joints breaks down, causing pain and stiffness.

Partial Facetectomy: A surgery to remove part of a facet joint in the spine to relieve pressure.

Posterolateral Arthrodesis: A surgery to join bones together at the back and sides of the spine.

Right Knee Arthroscopy with Partial Lateral Meniscectomy: A surgery using a tiny camera to remove part of the damaged meniscus in the right knee.

Spinal Trigger Point Injections: Shots of medicine into specific areas of the muscles in the spine to relieve pain.

Tricompartment Synovectomy: A surgery to remove inflamed tissue from all three compartments of the knee joint.