A 62-year-old woman was injured after slipping and falling on ice in a grocery store parking lot on Main Street, Hackensack, New Jersey. Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti filed suit in the Superior Court of New Jersey, Bergen County, proving that the grocery store was negligent in failing to maintain their premises properly, and won the client a $250,000 settlement.
The woman injured her back and arm and was diagnosed with contusion, impingement syndrome rotator cuff tear, and biceps tendon tear in her right shoulder, as well as cervical and lumbar strain. To treat her right shoulder, she underwent an arthroscopy with rotator cuff repair, biceps tenotomy, decompression, and debridement. Our client also completed several courses of physical therapy in order to improve her pain.
Davis, Saperstein & Salomon, P.C. retained a medical expert to author narrative reports proving the permanent nature of our client’s injuries. Although the defendant alleged comparative negligence in that our client caused her own fall, Steven Benvenisti proves otherwise. To prove the party responsible for our client’s injuries, Partner Steven Benvenisti hired an engineering expert, who found that the woman’s fall was directly caused by the icy surface that the grocery store failed to remove. The expert also opined that the woman’s injuries could have been avoided if the grocery store had properly cleared their parking lot’s icy hazards. The experts’ reports helped Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti win our client a settlement 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:
Arthroscopy: A surgery where doctors use a tiny camera to look inside a joint and fix problems.
Biceps Tenotomy: A surgery to cut the tendon of the biceps muscle to relieve pain.
Biceps Tendon Tear: A tear in the tendon that connects the biceps muscle to the shoulder or elbow.
Cervical and Lumbar Strain: An injury to the muscles or tendons in the neck (cervical) and lower back (lumbar).
Contusion: A bruise caused by a blow that breaks blood vessels under the skin.
Debridement: A procedure to remove damaged tissue or foreign objects from a wound.
Decompression: A surgery to relieve pressure on nerves or the spinal cord.
Impingement Syndrome: A condition where shoulder bones press on the rotator cuff tendons, causing pain.
Rotator Cuff Repair: A surgery to fix a torn tendon in the shoulder.
Rotator Cuff Tear: A tear in the group of tendons and muscles that hold the shoulder joint in place.