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

Man Tripped and Fell on Loading Dock – $475,000 Settlement

At a business located on Spielman Road in Fairfield, New Jersey, a man was loading plywood into the back of his pick-up truck when he tripped and fell on the deteriorating concrete edge of the loading dock. Davis, Saperstein & Salomon, P.C. Partners Garry R. Salomon and Adam B. Lederman filed suit in the Superior Court of New Jersey, Essex County, proved that the company was negligent in failing to maintain its loading dock, and won our client a $475,000 settlement.

The man received treatment at Chilton Hospital in Pompton Plains, New Jersey. He suffered injuries to his lower back, including two herniated discs with radiculopathy into his lumbar spine. The client underwent an epidural steroid injection and bilateral medial branch blocks before undergoing an anterior lumbar interbody fusion. He also attended three months of physical therapy.

Davis, Saperstein & Salomon, P.C. hired medical experts to examine our client and author narrative reports describing his injuries and their permanency. The client also had prior back issues, which were exacerbated by the fall. Partners Garry R. Salomon and Adam B. Lederman also hired an economics expert, who calculated the total loss in earning capacity that our client had suffered. Before the incident, our client worked as a contractor and door installer for Home Depot, but his injuries prevented him from returning to work. Expert medical reports determined that the injury exacerbated and accelerated changes to the client’s body.

The firm also hired an engineering expert, who determined that the concrete edge was visibly deteriorating and crumbled under the weight of our client, causing him to fall. Upon his inspection, the expert saw that the company had fixed the edge after the incident, suggesting that they recognized that the condition was dangerous.

With the help of these experts, Partners Garry R. Salomon and Adam B. Lederman took the case to trial where they won our client a $475,000 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.

 

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:

Anterior Lumbar Interbody Fusion: An anterior lumbar interbody fusion is a surgical procedure used to treat spinal instability or disc problems in the lower back. In this procedure, the damaged disc is removed from the front of the spine, and the empty space is filled with a bone graft or implant to promote fusion between adjacent vertebrae.

Bilateral Medial Branch Block: A bilateral medial branch block is a medical procedure where local anesthetic is injected near the medial branch nerves, which transmit pain signals from the facet joints in the spine. This procedure is often used to diagnose and manage facet joint pain and can provide temporary relief by disrupting pain signals.

Epidural Steroid Injection: An epidural steroid injection is a medical procedure where anti-inflammatory medicine, such as a steroid, is injected into the epidural space around the spinal cord to reduce pain and inflammation, often used to treat conditions like herniated discs or spinal stenosis.

Herniated Disc: A herniated disc occurs when the soft cushion (intervertebral disc) between the bones in the spine ruptures, leading to pain and possible compression of nearby nerves. This can cause symptoms like pain, numbness, and weakness that radiate down an arm or leg.

Radiculopathy: Radiculopathy is a condition where a spinal nerve root is compressed, often due to a herniated disc or bone spur. This compression can cause pain, numbness, and weakness that radiate along the path of the affected nerve, often down an arm or leg.