Our client was severely injured after slipping and falling on an icy sidewalk in Hoboken, New Jersey. While exiting a commercial property on Hudson Street, she lost her balance and fell due to an untreated patch of ice on the sidewalk. Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein filed suit in The Superior Court of New Jersey, Hudson County, and alleged the negligence of the property in failing to maintain and supervise a safe and non-hazardous walking environment, securing our client a $750,000 settlement.
Our client injured her right leg and ankle and was diagnosed with a spiral fracture of the fibula, two ligament tears, and a trimalleolar ankle fracture with syndesmotic disruption. She underwent an open reduction and internal fixation surgery with screw and plate placements to treat her right ankle. Our client also completed several months of frequent physical therapy to improve her condition.
Davis, Saperstein & Salomon, P.C. retained medical experts to author narrative reports proving the permanent nature of the client’s condition. To assess the liable party responsible for the client’s injuries, Marc C. Saperstein retained an engineering expert and meteorologist. After referring to multiple safety regulations and codes, our engineering expert opined that the client’s fall occurred because the Defendant failed to address the hazardous ice formations on their sloped sidewalks. Furthermore, the meteorologist found that that the hazardous weather conditions on the day of the accident were clearly and widely reported, highlighting the Defendant’s failure to take the necessary precautions to prevent accidents.
The experts reported helped Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein to secure the client financial compensation for her 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.
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Fibula: The fibula consists of the outer and usually smaller of the two bones between the knee and ankle. The fibula is joined to the top of the tibia by ligaments.
Fracture: A fracture is the cracking or breaking of a bone, usually brought on by a car accident, fall, or sport injury.
Internal Fixation: A surgical procedure that stabilizes and joins the ends of broken bones by mechanical devices.
Open Reduction: An operation where orthopedic surgeons reposition and realign the pieces of a broken bone.
Syndesmotic Disruption: Ankle injury involving a disruption of the connecting tibiofibular ligaments.
Trimalleolar Fracture: An ankle fracture that happens when you break sections of the lower leg that form the ankle joint, which ultimately help move the foot and ankle.