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In Westfield, New Jersey, while shopping in a department store, a merchandise display rack fell on our client. Davis, Saperstein & Salomon, P.C. Partner Paul A. Garfield filed suit in the Superior Court of New Jersey, Bergen County, proving that the store and the mall it belonged to were negligent in failing to properly maintain a safe environment for customers, and won our client a $695,000 settlement.
Our client was examining an item on a display rack when the rack unexpectedly fell on her. Upon impact, she fell to the ground and injured her upper back and neck. The store sales associate who assisted to our client admitted that she had warned her manager that the rack had too many items on it and was at risk of falling. Had the manager addressed the associate’s concern, the foreseeable accident would not have occurred.
Sadly, the fall aggravated our client’s past injuries to her cervical spine: it caused an increase in size in her C5-C6 and C6-C7 disc herniations, along with new foraminal stenosis in both locations. She had to undergo an anterior cervical discectomy and fusion with a PEEK interbody cage to treat her spine. Despite the surgery, our client still struggles with chronic neck pain and is unable to resume what was once her routine activities. Her work as a Cosmetic Manager has been severely limited, and she is no longer able to enjoy her pre-accident range of physical and recreational activities.
The firm hired medical practitioners to serve as expert witnesses. They compiled reports and provided written and oral testimony that spoke to the permanent state of our client’s injuries. Proving the permanency of her injuries helped personal injury attorney Paul A. Garfield demonstrate her need for monetary compensation.
Davis, Saperstein & Salomon, P.C. partner Paul A. Garfield sued the store and mall in the Bergen County Superior Court and ensured that our client received proper compensation for her injuries, pain, and suffering, in the form of a $695,000 settlement.
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
Cervical spine: The first seven vertebrae in the spine.
Disc herniation: Occurs when the exterior of a disc cracks and its nucleus pushes into the spinal canal and irritates surrounding nerves.
Foraminal stenosis: The narrowing or tightening of the openings between vertebrae.
Anterior cervical discectomy and fusion: A surgical procedure that removes the disc and the disc material pressing on the spine, and then fuses the spine together with a graft.
PEEK cage: An interbody cage that may be made of metal, polymer, ceramic, or a fusion of other materials. It is put in place of the affected disc after the disc is removed.
