While picking up a load from a building located on Pacific Avenue in Jersey City, New Jersey, a truck driver slipped and fell on uncleared black ice. The man hired Davis, Saperstein & Salomon, P.C. Partner Samuel L. Davis, who filed suit in the Superior Court of New Jersey, Hudson County, proving that the building owner was negligent in failing to remove the dangerous ice, and winning the client a $257,500 settlement.
The man was walking to his trailer when he slipped and fell on ice, injuring his left wrist. He was then taken by ambulance to Jersey University Medical Center in Neptune City, NJ, where he underwent an urgent open reduction with internal fixation (ORIF) surgery to treat the distal radius fracture. He also required additional surgery a few months later to remove the hardware because he was experiencing discomfort in his wrist. After that he was prescribed physical therapy to help regain functionality of his wrist.
Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports describing the permanent nature of the client’s injuries. The firm also hired an engineering expert to determine liability in this case, who ultimately found that the surface the client slipped on had not been properly salted, treated, or removed of ice. The expert concluded that the owner had violated generally accepted building maintenance standards for maintaining safe walking surfaces.
With these experts’ help, Davis, Saperstein & Salomon, P.C. Partner Samuel L. Davis sued the building owner in the Hudson County Super Court, proved the man’s need for financial compensation, and secured him a $257,500 settlement for his 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
Distal radius fracture: A break in the radius bone, which is one of the two long bones in the forearm.
Open reduction and internal fixation (ORIF): A type of surgery used to stabilize and treat a broken bone. The procedure involves two steps: “open reduction” involves a surgeon creating a small incision in order to access the bone, and “internal fixation” involves a surgeon putting the bone back together with hardware like metal pins, plates, rods, or screws.
