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

Elderly Woman Injured After Falling on Hazardous Carpeting- $901,827

In Hackensack, New Jersey, our client fell on undone tape that had been holding down rubberized floor mat rugs at her job after her foot got caught on the tape. Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein filed suit in Superior Court of New Jersey, Bergen County, and proved that the facility and business was negligent in failing to maintain a safe and non-hazardous environment for people, securing our client a $901,827 settlement.

Our client suffered injuries to her left arm during her fall and was diagnosed with a comminuted three-part proximal humerus fracture. Her condition worsened after a period of nonoperative treatment, and she underwent an osteotomy and open reduction and internal fixation of left humeral fracture with allograft. She also underwent a left brachial plexus neurolysis and micro-internal neurolysis when her fracture was found to have not healed. Our client also attended physical therapy frequently to treat her conditions and pain.

Davis, Saperstein & Salomon P.C. retained medical experts to author narrative reports proving the permanent nature of the client’s injuries. Partner Marc C. Saperstein also hired an engineering expert to assess liability in this case. Our expert referred to the standards of the National Safety Council and found that the carpeted mat’s uplifted tape edge was a clear hazard for trip and fall accidents. He opined that the property owners had wrongfully allowed the obvious conditions to exist and remain, and if the surfaces had been maintained according to the standards, our client’s accident would have been avoided.

The experts’ reports proved the Defendants responsible, helping Davis, Saperstein & Salomon, P.C Partner Marc C. Saperstein secure the client a settlement for her 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.


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Medical Glossary:

Allograft: A bone graft where the bone replacement comes from another person.

Comminuted Fracture: A communicated fracture is a type of broken bone where the bone is broken into at least two pieces. These injuries usually occur after suffering severe traumas, like auto accidents, and require surgery to help repair the bone.

Internal Fixation: A surgical procedure that stabilizes and joins the ends of broken bones by mechanical devices.

Neurolysis: Procedure involving applying physical/chemical agents to a nerve to cause a temporary degeneration of certain nerve fibers. Typically done to reduce pain.

Open Reduction: An operation where orthopedic surgeons reposition and realign the pieces of a broken bone.

Osteotomy: A surgery that cuts/reshapes bones to fix joint issues or deformities.

Proximal: nearer to the center (trunk of the body) or to the point of attachment to the body.