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A woman was injured after tripping and falling outside of her apartment building on Central Avenue in Jersey City, New Jersey. She was walking in the courtyard area between apartment buildings when she suddenly slipped and fell on an unsecured metal floor drain gate. Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti filed suit in the Superior Court of New Jersey, Hudson County, proving that the apartment’s management was negligent in failing to maintain safe premises for tenants, and won the client a $440,000 settlement.
The injured woman was taken by ambulance to Christ Hospital in Jersey City, New Jersey. She was diagnosed with right foot neuroma, internal derangement of the right ankle, torn peroneal, torn anterior talofibular ligament, right foot laceration, and an acute nondisplaced fracture in the base of the 5th metatarsal. For treatment, she underwent right ankle joint arthroscopy with debridement and extensive synovectomy, right ankle joint arthrotomy with tendon grafting, and brostrom lateral ankle stabilization with ligament repair.
To prove the permanency of the client’s injuries, Davis, Saperstein & Salomon retained medical experts to author narrative reports. To prove the proximate cause and responsible party for the client’s injuries, Steven Benvenisti hired an engineering expert, who found that the unsecured floor drain cover and lack of maintenance for discharging surface water runoff created unsafe conditions for pedestrians, which caused our client’s fall.
The experts’ reports’ helped Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti prove the apartment building responsible for the client’s injuries, and win the client a settlement for her injuries, pain and 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:
Acute nondisplaced fracture: A bone fracture where the bone is broken but the pieces remain in their normal alignment.
Ankle joint arthroscopy: A minimally invasive surgical procedure that uses a small camera (arthroscope) to visualize and treat problems within the ankle joint.
Ankle joint arthrotomy: A surgical procedure that involves making an incision to access and visualize the inside of the ankle joint, often used for more extensive joint issues.
Brostrom lateral ankle stabilization: A surgical procedure to repair and tighten the ligaments on the outer side of the ankle to improve stability.
Debridement: The surgical removal of dead, damaged, or infected tissue from a wound or injury to promote healing and prevent infection.
Internal derangement of the right ankle: Abnormalities or injuries affecting the structures within the right ankle joint, often causing pain, swelling, and limited mobility.
Laceration: A cut or tear in the skin or tissue often caused by sharp objects or trauma.
Ligament repair: A surgical procedure to reattach or reconstruct a torn ligament, often done to restore stability to a joint.
Right foot neuroma: A benign growth of nerve tissue that can develop between the toes, often causing pain, tingling, or numbness.
Synovectomy: A surgical procedure to remove the synovial lining of a joint, often done to alleviate pain and inflammation.
Tendon grafting: A surgical technique where a piece of tendon is taken from one area of the body and transplanted to repair or replace a damaged tendon.
Torn anterior talofibular ligament: A tear in the ligament on the front and outer side of the ankle, often caused by twisting or rolling the ankle.
Torn peroneal: A tear in the peroneal tendons, which run along the outer side of the ankle and help stabilize the foot.
