Largest Reported NJ Personal Injury Settlement during the Court’s 2022-2023 term

Construction Worker Trips and Falls on Loose Debris—$850,000 Settlement

In Jersey City, New Jersey, a construction worker injured his leg after he tripped and fell on loose debris. The worker hired Davis, Saperstein & Salomon, P.C. Partner Samuel L. Davis to represent him in his lawsuit against his employer, the property owner, and the general contractor. Personal injury attorney Samuel L. Davis proved that all three parties were negligent in their failure to maintain a hazard-free working environment, and secured our client a $850,000 settlement.

The man was walking down 70-90 Christopher Columbus Drive while carrying a suspended scaffolding platform when he tripped on one of the many loose cinder blocks strewn across the pavement. The fall caused him to tear his left meniscus. Our client first attended several weeks of physical therapy, but when his pain continued, he was recommended surgery. Following his doctor’s recommendations, he underwent a knee arthroscopic surgery, but his condition did not improve. He continued physical therapy and received a series of Hyalgan injections. When his pain persisted, the client underwent a partial knee replacement.

The firm hired medical practitioners and psychologists to serve as expert witnesses and to write reports proving the permanency of our client’s condition. Their verbal and written testimony helped show our client’s need for financial compensation, specifically for her medical bills and pain and suffering.

Partner Samuel L. Davis also hired an engineering expert to determine the liable parties in this case. The expert found that our client’s employer, the property owner, and the general contractor had been negligent in their failure to employ construction safety controls by removing the loose cinder blocks or by taking other measures to mitigate safety hazards. The expert determined that failure to do so exposed employees to a reasonably foreseeable risk of injury and violated Occupational Safety and Health Administration (OSHA) regulations.

Davis, Saperstein & Salomon, P.C. Partner Samuel L. Davis sued the three parties in the New Jersey Superior Court and proved that they all had been negligent in their failure to create and maintain a safe environment for their workers. He ensured that our client was properly compensated with a $850,000 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.

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Medical Glossary

Meniscus Tear: A tear in the cartilage of the knee; commonly occurs if an individual suddenly and forcefully twists their knee.

Arthroscopy: A surgical procedure that allows the surgeon to complete a procedure by inserting a small camera through a small incision.

Hyalgan Injection: An injection used to treat knee pain caused by joint inflammation.