A man’s leg was crushed by a car in a parking lot on Route 34 in Matawan, New Jersey. Davis, Saperstein & Salomon, P.C. Partner Adam B. Lederman filed suit in the Superior Court of New Jersey, Monmouth Country, on behalf of the victim. After proving that the car operator was negligent, our client received a $525,000 settlement.
Our client’s car was parked in the lot of an autobody and hand car wash shop. After exiting the vehicle, a bystander alerted him that his car had started to roll down towards the shop’s backyard. The client ran in front of the car and tried to stop it, but when he couldn’t, he slowly walked the car backwards until his back became pinned against a shipping container.
Ultimately, a shop worker came and got into the car to back it off the client, but rather than putting the vehicle in reverse, the worker unintentionally put the car in drive and drove the vehicle into the client’s pinned leg. He was taken by ambulance to Robert Wood Johnson University Hospital in New Brunswick, NJ.
The accident seriously injured the client’s right leg. He suffered a comminuted femoral shaft fracture that required intramedullary nailing. Post-operatively, an infected hematoma formed that required two irrigation and debridement procedures. Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports explaining the client’s injuries and describing their permanent nature. The firm also hired an injury biomechanics expert, who proved that the pressure from being pinned against the shipping container alone would not have caused our client’s injury; rather it was the worker’s negligence in driving the car forward that caused the leg injuries and fractures.
The defense insurance company tried to put 100% blame on the part of the client, however Davis, Saperstein & Salomon, P.C. Partner Adam B. Lederman proved that it was the negligence of the worker that intervened, superseding the client’s negligence and securing the client a $525,000 settlement for his 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
Comminuted femoral shaft fracture: The long, straight part of the femur is called the femoral shift. A break along the bone is called a femoral shaft fracture. A comminuted fracture is one in which the bone breaks into three or more pieces.
Debridement: A medical procedure where infected or diseased tissue is removed to encourage the wound to heal.
Hematoma: A closed wound where blood collects because it can’t flow out of the body. When the blood collects, it can start pushing surrounding tissues outward and can become dangerous.
Intramedullary nailing: A surgical procedure done to repair and stabilize a broken bone. A permanent nail or rod is placed in the center of the bone.
Irrigation: A medical procedure used for wound care, in which liquid solution is poured over an open wound to remove debris.
