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In Saddle Brook, New Jersey, an elderly man suffered a traumatic brain injury after he slipped and fell on a ceramic tile at his local gym. Davis, Saperstein, and Salomon, P.C. Partner Samuel L. Davis proved that the fitness center was negligent in failing to maintain a safe environment for patrons, and secured our client a $3,000,000 settlement.
The man had been on a routine visit to his fitness club when he exited the locker room to head towards the pool. While walking, he slipped and hit his head on the tile floor. The Saddle Brook Volunteer Ambulance Corp. Transported him to Hackensack University Medical Center in Hackensack, New Jersey.
The accident caused our client to injure his head and aggravated his pre-existing cardiovascular issues, including coronary artery disease. He suffered a right basilar skull fracture, as well as intercranial hemorrhages and swelling at the front and back of his brain. Since his injuries were irreversible, doctors did not perform surgery on him. Soon after, the man suffered a heart attack and stroke, leaving him partially paralyzed and in a minimally conscious state. The man was soon transferred to long-term hospice care in his home.
Davis, Saperstein, and Salomon, P.C. hired medical experts to serve as expert witnesses. They authored narratives and provided oral and written testimony proving the permanency of our client’s condition. Their reports showed the man’s need for financial compensation, specifically for his medical bills, and pain and suffering. They also helped Samuel L. Davis prove that the heart attack that our client suffered was caused by the accident.
Samuel L. Davis also retained an engineering expert to assess the liability of the fitness club. After analyzing the tiling, the expert found that the steepness of the slope of the tile exceeded building and construction code limitations. The expert also tested the friction of the tile surface and found that it was at a dangerously slippery level. Overall, the expert opined that the client’s accident was a direct result of the club’s negligence in failing to construct and maintain safe tile flooring. Gym-related injury cases are often complicated by membership agreements often unread but signed by new gym members, which give up the right to sue or mandate mandatory arbitration, waiving a jury trial.
Davis, Saperstein, and Salomon P.C. Partner Samuel L. Davis sued the property owners in the Bergen County Superior Court and won our client a settlement of $3,000,000 as compensation for his injuries, pain, and suffering. Since the resolution of this case, this client has tragically passed away.
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
Basilar Skull Fracture: A basilar skull fracture occurs when a bone at the base of the skull breaks.
Coronary Artery Disease: Coronary artery disease (CAD) is the most common heart disease in the United States. It is caused by a build-up of plaque in the walls of the arteries that provide blood to the heart. Its most prevalent symptom is chest pain and discomfort.
Intercranial Hemorrhage: An intercranial hemorrhage is a medical emergency, in which blood begins leaking inside the brain or skull. It is usually caused by a blood vessel in the brain bursting. The collection of blood puts pressure on and can damage brain tissue.
Traumatic Brain Injury: An injury to the head that stops the brain from functioning how it did before the injury. They are a major cause of death and disability in the United States, and they most commonly happen while playing a sport or after getting into a car accident. Some of the immediate symptoms are dizziness, confusion, and blurry vision.
