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While walking through a property’s parking lot on Barclay Street in Paterson, New Jersey, a 56-year-old man tripped and fell on a masonry platform that protruded into the egress pathway. His trip caused him to fall into a parked car, and then to the ground, resulting in multiple injuries. Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti filed suit in the Superior Court of New Jersey, Passaic County, proving that the property owners were negligent in failing to maintain safe premises for pedestrians and patrons, winning the client a $400,000 settlement.
The injured man was taken by ambulance to St. Joseph’s Regional Medical Center in Paterson, New Jersey, and was diagnosed with a displaced comminuted fracture in his left femur, abnormal gait with limp, limb length discrepancy, and chronic pain, swelling, and/or stiffness in his left hip, thigh, and knee. He underwent the placement and removal of a traction pin in his distal femur, as well as open reduction and internal fixation of the left femur fracture. The client also completed courses of physical therapy to improve his condition and pain.
Davis, Saperstein & Salomon, P.C. retained a medical expert, economist, and engineering expert to author narrative reports describing the circumstances and causation of the incident, the extent of his injuries, and his financial losses. The engineering expert’s investigation concluded that the elevated platform’s protrusion caused hazards for pedestrians and was the proximate cause of the client’s injuries. He opined that the client’s accident could have been prevented had the property owners followed relevant codes, safety practices, and industry standards, and ensured there was no hazardous protrusion of the elevated walkway into the egress pathway. Their reports helped Partner Steven Benvenisti prove that our client deserved financial compensation for his injuries, loss of income, 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:
Abnormal gait with limp: An unusual or altered way of walking, often characterized by a noticeable limp or uneven stride.
Displaced comminuted fracture: A type of bone fracture where the broken ends of the bone are not aligned and the bone has shattered into multiple pieces.
Limb length discrepancy: A condition where one leg is shorter than the other, often due to differences in bone length or joint alignment.
Open reduction and internal fixation: A surgical procedure where fractured bones are realigned (reduced) through a surgical incision and then held in place with screws, plates, or other internal devices.
Traction pin: A device inserted through the skin and into a bone to provide traction or pull on the bone to align fractures or correct deformities.
