A driver of a car was seriously injured after driving off an unmarked 8-foot-tall edge of an upper parking lot and crashing into the ground below. Davis, Saperstein & Salomon, P.C. Partner Steven Benvenisti was hired as the main lawyer, and sued the defendant in the Superior Court of New Jersey, Sussex County, proving that the lot owner was negligent in failing to properly block off the parking lot edge, resulting in a $455,000 settlement.
The man arrived in the parking lot on Vernon Crossing Road in Vernon, NJ, to pick up cinder blocks for his house improvement project. After loading the blocks into his trunk, he drove forward to exit the lot when his car suddenly plunged 8 feet and crashed into the lower parking lot, causing the cinder blocks to shift forward from the trunk, striking the client in his head. He was medevacked by helicopter to Hackensack University Medical Center in Hackensack, NJ for evaluation and medical treatment.
The client suffered injuries to his right eye, chest, and back, including an orbital fracture, rib fractures, and spinal fractures. For his eye orbital fracture, he underwent an open reduction internal fixation (ORIF) surgery with hardware, however, his other fractures were treated without surgery but with medication and physical therapy.
Davis, Saperstein & Salomon, P.C. hired medical experts to author narrative reports describing the man’s injuries and their permanent nature. To determine who was liable for the accident, the firm also retained an engineering expert to visit and inspect the accident scene, and who ultimately found that the lot owner was negligent for failing to erect a guard rail, barricade, or sign alerting patrons to the sudden drop.
With the help of these experts, Partner Steven Benvenisti ensured that the client received proper compensation for his pain, injuries, and suffering, in the form of a $455,000 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
Open reduction and internal fixation (ORIF): A type of surgery used to stabilize and treat a broken bone. The procedure involves two steps: “open reduction” involves a surgeon creating a small incision in order to access the bone, and “internal fixation” involves a surgeon putting the bone back together with hardware like metal pins, plates, rods, or screws.
Orbital fracture: A break in one or more of the bones surrounding the eye
