A 51-year-old man rented roller skates from a community center on Main Street in Woodbridge, New Jersey. Our client fell after one of the rental roller skates broke apart due to a loose truck left unsecured to the boot of the skate. Davis, Saperstein & Salomon, P.C. Partner Patricia Boguslawski filed a lawsuit in the Superior Court of New Jersey, Middlesex County. They proved the negligence of the municipality in failing to properly maintain the skate, and won our client a $450,000 settlement.
The man was taken by ambulance to Robert Wood Johnson University Hospital in Somerville, New Jersey. He suffered a bimalleolar fracture in his left ankle, which he treated with an open reduction internal fixation (ORIF) procedure.
Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports describing our client’s injuries and helping Partner Patricia Boguslawski prove the permanent nature of the client’s injuries. The firm also hired an economics expert, who assessed our client’s loss in earning capacity, and an engineering expert, who determined that the municipality was liable for the incident. The engineering expert found that the town failed to adequately maintain its recreational equipment, properly train its staff, and supervise the skate rental department.
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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Bimalleolar Ankle Fracture: A bimalleolar ankle fracture is a type of bone break that involves two major bones of the ankle joint, the tibia and fibula. This fracture can cause significant pain, swelling, and instability of the ankle. It often requires medical treatment, which may include surgery to realign the bones and stabilize them for proper healing.
Open Reduction Internal Fixation: Open reduction internal fixation (ORIF) is a surgical procedure used to treat certain types of bone fractures. During ORIF, the fractured bones are surgically realigned (reduced) to their proper position, and internal fixation devices like screws, plates, or rods are used to hold the bone fragments together while they heal. This approach is often chosen when the fracture is complex or severe.