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In Haledon, New Jersey, a security guard slipped and fell on ice in a drug store parking lot. After Davis, Saperstein & Salomon, P.C. partner Paul A. Garfield demonstrated that the drug store and property owner had been negligent in their failure to maintain a safe environment for patrons, our client was awarded a $750,000 settlement.
The woman was walking to the drug store to pick up medicine for her daughter. When she entered the parking lot area, she slipped on untreated snow and ice and fell onto her back. She was then taken via ambulance to St. Joseph’s Wayne Hospital in Wayne, New Jersey.
The slip and fall caused our client to suffer injuries to her back, specifically a disc herniation at L5-S1 and several disc bulges in her cervical spine. At L3, L4, L5, and S1, she also had acute traumatic severe ligamentous and facet injuries. Our client underwent months of physical therapy, lumbar epidural blocks, cervical epidural steroid injections, cervical radiofrequency nerve ablation, and a sacroiliac joint injection. She also underwent bilateral lumbar laminectomies at both L4-L5 and L5-S1, and anterior cervical discectomies at C4-C5 and C5-C6.
The woman’s life has drastically changed in the aftermath of the accident, as she continues to suffer from chronic back pain. She is unable to sit for extended periods of time, which largely resigns her to her house. She cannot play basketball or play in the park with her children, and she cannot drive them long distances, such as to the beach. Our client has a difficult time cooking, cleaning the house, and doing laundry. Davis, Saperstein & Salomon, P.C. partner Paul A. Garfield retained an economics expert to determine the extent of the financial damages suffered by our client. The expert’s opinion was that our client had suffered over $300,000 in future potential financial damages, given that she is no longer able to work as a security guard.
Partner Paul A. Garfield also retained an engineering expert to assess liability in this case. The expert determined that the drug store and property owner had allowed for the creation of high piles of snow that melted and then refroze on pedestrian walkways. Moreover, the expert found that they had failed to attempt to ameliorate the ice condition by placing down salt or using other de-icing agents. As such, the expert determined that the drug store had been negligent in its failure to create a safe walkway for pedestrians.
Partner Paul A. Garfield ensured that our client received proper compensation for her pain and suffering, in the form of a $750,000 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
- Cervical spine: The first seven vertebrae in the spine.
- Disc bulge: An extension of disc tissue past the edge of the vertebrae.
- Disc herniation: Occurs when the exterior of the disc cracks and its nucleus pushes into the spinal canal and irritates surrounding nerves.
- Lumbar nerve block: An injection of medication into the lumbar spine, aiming to relieve lower back pain.
- Epidural injection: The injection of anti-inflammatory medicine into the epidural space in the spine.
- Cervical radiofrequency nerve ablation: An alternative surgical procedure that involves using radio waves to create heat. The heat is used to kill tissue in the cervical spine.
- Sacroiliac joint injection: Injection of a local anesthetic to relieve lower back pain emitting from the sacroiliac joint.
- Laminectomy: The surgical procedure that removes the lamina (the back of the vertebra that covers the spinal canal); also known as a decompression surgery.
- Anterior cervical discectomy and fusion: A surgical procedure that removes the disc and the disc material pressing on the cervical spine.
