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A 71-year-old man was injured after he slipped and fell at a tank truck cleaning facility in Carteret, New Jersey. The client was walking across a washing area of the facility when he slipped on a thin sheet of ice and fell onto his right side and shoulder. Davis, Saperstein & Salomon, P.C. Partner Samuel L. Davis filed suit in The Superior Court of New Jersey, Middlesex County, proved the tank truck cleaning facility’s negligence in failing to maintain safe premises for patrons, and won the client a $500,000 out of court settlement.
The injured man was taken by ambulance to Robert Wood Johnson University Hospital in New Brunswick, New Jersey, where he was diagnosed with a comminuted right humeral head fracture with anterior and inferior dislocation. He underwent a right shoulder hemi-arthroplasty, followed by four revision surgeries to treat his injuries. The client also completed courses of physical therapy to improve his condition.
Davis, Saperstein & Salomon, P.C. retained medical experts to author narrative reports proving the permanent nature of the client’s injuries. To determine the liable party responsible for the client’s injuries, the firm hired an engineering expert. The expert found that the facility negligently maintained its property by failing to clean its washing liquids and allowing them to freeze over and create a slipping hazard.
The experts’ reports helped Davis, Saperstein & Salomon, P.C. Partner Samuel L. Davis win the client a settlement for his medical bills, 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:
Anterior dislocation: When the upper arm bone (humerus) slips out of its normal position in the shoulder joint toward the front of the body, usually caused by injury or trauma.
Comminuted right humeral head fracture: A break in the rounded top part (head) of the right upper arm bone (humerus) into multiple pieces, often requiring specific treatment to align and heal the bone fragments.
Inferior dislocation: When the upper arm bone (humerus) moves out of its normal position in the shoulder joint, slipping downward toward the lower part of the body, typically due to a significant force or injury.
Right shoulder hemi-arthroplasty: A surgical procedure in which only part of the shoulder joint is replaced with an artificial implant, usually to treat severe shoulder fractures or arthritis on one side of the joint.
