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

Woman Injured Under Fallen Canopy – $750,000 Settlement

A 34-year-old woman was at a pub in Manhattan, New York City, when the awning over the pub’s patio collapsed under the weight of six inches of snow. The woman was caught under the awning, severely injuring her ankle. Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein filed suit in the Supreme Court of New York, New York County, proved that the pub had been negligent in its failure to provide a safe environment for patrons, and won our client a $750,000 settlement.

The pub, located on 31st Street, had an outdoor patio with an awning above it. Some patrons noticed the awning begin to sink underneath the snow, but pub employees did not warn or evacuate them. When the canopy finally collapsed, our client was trapped underneath it before eventually being pulled out and taken by ambulance to the NYU Langone Health Medical Center. The woman suffered injuries to her right ankle, including a closed displaced trimalleolar fracture, fibular fracture, and a medial malleolus fracture. To treat her ankle, she underwent open reduction internal fixation (ORIF) for the fibular and medial malleolus fractures. The hardware became infected, and she had to undergo another procedure to remove the fibular plate and treat the infection.

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 her loss in income, medical bills, and pain and suffering, and Partner Marc C. Saperstein won her proper compensation 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.

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Medical Glossary:

Closed Displaced Trimalleolar Fracture: A broken ankle injury where all three malleoli, the bony bumps on the inside and both sides of the ankle, are fractured and out of their normal position. This type of fracture typically requires surgery to realign the bones and stabilize the ankle joint using screws, plates, or other devices. Following surgery, the ankle is usually immobilized with a cast or brace to promote healing and rehabilitation is necessary to restore strength and movement.

Fibular Fracture: A broken bone in the smaller bone of the lower leg called the fibula. It often occurs due to a direct blow, twisting injury, or excessive force on the leg. Fibular fractures can cause pain, swelling, and difficulty walking, and treatment may involve casting, bracing, or, in some cases, surgery to realign and stabilize the bone to promote healing.

Medial Malleolus Fracture: A broken bone in the inner side of the ankle, specifically the lower end of the tibia bone. The medial malleolus is a bony prominence on the inner aspect of the ankle.

Open Reduction Internal Fixation (ORIF): A surgical procedure used to treat broken bones that cannot be properly aligned without making an incision. During ORIF, the surgeon makes an incision to access the broken bone and realigns it into the correct position. To stabilize the bone, special implants such as screws, plates, or rods are used internally, allowing for proper healing.