A woman slipped and fell on uncleared ice while walking through a parking lot on Route 22 in Union, New Jersey. She retained Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti, who filed suit in the Superior Court of New Jersey, Union County, proved that the property owner and its ice management contractors were negligent in failing to remove the ice, and won the client a $300,000 settlement.
The woman was taken by ambulance to Overlook Medical Center in Summit, New Jersey, with injuries to her right wrist and back, and was ultimately diagnosed with a displaced intra-articular fracture in her wrist that required open reduction internal fixation (ORIF) surgery, and disc bulges in her lower back.
Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports describing the client’s injuries and their permanent nature. To prove fault in this case, the firm also hired an engineering expert, who ultimately found that the defendants had had over 24 hours to clear the ice from the parking lot and sidewalks and were at fault for failing to do so.
With the help of these experts, Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti persevered in the Union County Superior Court and won the client a $300,000 settlement for her pain, injuries, 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
Disc bulge: Bulging discs are a condition in which the inner portion of a spinal disc remains contained in the outer portion of a spinal disc.
Displaced intra-articular fracture: A displaced fracture occurs when the bone breaks into pieces and misaligns within a joint. An intra-articular fracture occurs when the break in the bone crosses into the surface of a joint, damaging the cartilage.
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.
