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

Man Injured After Manhole Near Gas Station Explodes – $850,000 Settlement

At a gas station in Tenafly, New Jersey, a 39-year-old man was buying soda from a vending machine when a manhole exploded near him. Davis, Saperstein & Salomon, P.C. Partner Paul A. Garfield filed suit in the Superior Court of New Jersey, Bergen County, proved that the gas station and its repair company were negligent in their failure to maintain a safe environment for patrons, and secured our client a $850,000 settlement.

The man was taken by ambulance from the scene of the accident on County Road to Englewood Hospital in Englewood, New Jersey. The explosion threw him into the vending machine, injuring his head and causing him to suffer a concussion and acute hearing loss in his left ear. He also experienced vertigo and developed bilateral carpal tunnel syndrome, and took medication to treat his pain.

Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports proving the permanent nature of our client’s injuries. Their reports helped show our client’s entitlement to financial compensation for his loss in income, medical bills, and pain and suffering. The firm also retained an economics expert to assess the financial loss suffered by our client, who was forced to take a lower-paying job after the accident. The expert determined that the accident had reduced his total future earning capacity by several hundred thousand dollars.

Partner Paul A. Garfield also retained an engineering expert to determine the party liable for our client’s injuries. The expert discovered that the gas station hired an electrical company to repair the pump in the manhole just two days before the accident. The company made some repairs, but did not find the exact cause of the failure because they did not properly test the wiring under the manhole. The expert found that, if the company had properly tested the wiring, the employees would have found that the wiring was the problem and installed new wiring. The expert stated that failing to correctly test the wiring violated the National Electrical Code, and caused the explosion to happen two days later.

With the help of these experts, Davis, Saperstein & Salomon, P.C. Partner Paul A. Garfield won a $850,000 settlement as compensation for our client’s 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.

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:

Bilateral Carpal Tunnel Syndrome: A condition where the median nerve, which runs through a narrow passage in the wrist called the carpal tunnel, is compressed or squeezed on both sides. This can result in symptoms such as numbness, tingling, or pain in both hands and wrists.

Concussion: A type of brain injury that occurs when the brain is shaken or jolted inside the skull. It usually happens as a result of a blow to the head, a fall, or a sports-related injury. Concussions can cause symptoms such as headache, dizziness, confusion, memory problems, and sensitivity to light or noise.

Vertigo: A sensation of spinning or dizziness that makes a person feel like their surroundings are moving, even when they are not. It is often caused by an issue with the inner ear, such as an imbalance in the fluid or problems with the vestibular system that helps maintain balance. People with vertigo may experience a spinning or tilting sensation, nausea, vomiting, and difficulty with balance.

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