After parking his car in a parking lot at 301 West 9th Street in Ship Bottom, New Jersey, an older man tripped and fell on a wheel stop, also known as a bumper stop. The parking lot was for a pharmacy. Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti sued the pharmacy in the Superior Court of New Jersey, Bergen County, proved that the pharmacy, which also managed the parking lot, had been negligent in failing to create a safe environment for pedestrians, and won our client a $687,500 settlement.
The man got out of his car to walk towards the pharmacy when his right foot got caught in a hole in his parking space’s wheel stop, throwing him off balance, causing him to fall forward, injuring his right leg. His daughter took him to a local emergency room in Manahawkin, NJ.
The client suffered several injuries to his right leg, a torn meniscus, and ligament tears in his knee. He also suffered a hematoma that compressed his peroneal nerve and developed foot drop. He underwent meniscectomy and decompression surgeries for his knee. He ultimately had an ankle fusion and many weeks of physical therapy.
Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports describing the permanent nature of the client’s injuries. The firm also retained an engineering expert to prove that the pharmacy was liable for causing the man to fall. The expert cited the “Traffic Engineering Handbook”, which states that parking facilities should try to avoid the use of wheel stops because they can cause pedestrians to trip and fall. The expert further found that the pharmacy did not correctly install/maintain the wheel stop because it was not painted with a “safety yellow” color, it was not centered in the parking space, and it was too close to the adjacent wheel stop. The defects of the wheel stop were proven to be a foreseeable cause of a slip, trip, and fall accident.
Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti sued the pharmacy in the Bergen County Superior Court and won the client proper compensation for his injuries, pain, and suffering, in the form of a $687,500 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.
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
Foot drop: Foot drop is a term for having trouble lifting the front part of the foot. It might drag on the floor when walking. Common causes are nerve injury, muscle or nerve disorders, and brain or spinal cord disorders.
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.
Ligament tear: Ligaments are tough bands of fibrous tissue that connect bones to other bones. Ligament tears are caused by extreme motion, like the forceful twisting of a joint. They are also known as sprains.
Meniscectomy: A meniscectomy is a surgical procedure that removes a torn meniscus from the knee. This procedure is usually used for more severe tears that will not heal on their own.
Meniscus: The meniscus is a crescent-shaped piece of fibrous cartilage that helps protect the knee from shock protection. It also cushions the tibia and femur from each other.
Peroneal nerve: The peroneal nerve is a branch of the sciatic nerve (which is the largest nerve in the human body and runs through the lower back, buttocks, and down each leg). The peroneal nerve allows the lower leg, foot, and toes to move and feel.
