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In 2005, a 79-year-old man was exiting his car to drop off a letter at a house on Albin Street in Teaneck, New Jersey, when he tripped and fell on a hidden and uneven sidewalk. Davis, Saperstein & Salomon, P.C. Partner Paul A. Garfield filed suit in the Superior Court of New Jersey, Bergen County. He proved that the property owner and municipality were negligent in failing to maintain a safe sidewalk and won our client a $550,000 settlement.
The man was taken by ambulance to Englewood Hospital in Englewood, New Jersey. He suffered injuries to his right hip and right shoulder, including a displaced subcapital fracture, labral tear, and aggravation of a prior rotator cuff tear. While receiving treatment, he became septic and tragically passed away shortly after.
Davis, Saperstein & Salomon, P.C. Paul A. Garfield hired medical experts to examine our client and author narrative reports proving that our client’s death was associated with the injuries he suffered after the incident. Partner Paul A. Garfield also retained an engineering expert to determine the liable party in this case. The expert determined that the property owner and municipality had violated the Teaneck Property Maintenance Code by allowing grass and weeds to overgrow on the sidewalk and failing to remove the tree that contributed to the unevenness of the sidewalk. Although the defendant accused our client of being negligent in avoiding defects in the sidewalk, we were able to prove the contractors and owners of being negligent.
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
Colostomy: A colostomy is a surgical procedure in which a portion of the colon is brought to the surface of the abdomen to create an opening (stoma) through which waste can be eliminated from the body. It’s often done when a section of the colon needs to be bypassed or removed due to disease or injury.
Displaced subcapital fracture: A displaced subcapital fracture refers to a broken bone at the top of the femur (thigh bone) near the hip joint, where the fracture fragments are moved out of their normal alignment. This type of fracture can cause pain, swelling, and difficulty in movement. Treatment may involve surgery or other medical interventions.
Labral tear: A labral tear is an injury to the labrum, a ring of cartilage that lines the rim of a joint, often referring to the shoulder or hip. This type of tear can result from trauma or repetitive motions and can cause pain, instability, and limited joint movement.
Laparoscopy: Laparoscopy is a minimally invasive surgical procedure that uses a small camera and specialized instruments inserted through tiny incisions to diagnose and treat conditions within the abdomen or pelvis. It offers faster recovery and less scarring compared to traditional open surgery.
Rotator cuff tear: A rotator cuff tear is an injury to the group of muscles and tendons that stabilize and move the shoulder joint. This tear can result from overuse, trauma, or aging, causing pain and weakness in the shoulder. Treatment may involve physical therapy, rest, or surgery.
Sepsis: Sepsis is a serious medical condition triggered by an infection that can lead to widespread inflammation and organ dysfunction. It can cause symptoms like fever, rapid heartbeat, and confusion. Prompt medical intervention, including antibiotics and supportive care, is crucial for treating sepsis.
