A New Jersey client slipped in a movie theatre bathroom stall, injuring her back. After Davis, Saperstein & Salomon, P.C. partner Marc C. Saperstein proved that the movie theatre negligently failed to properly maintain the bathroom floor, the woman was awarded a $1.11 million dollar settlement.
Our client walked into a bathroom stall of the New Jersey movie theatre when her foot slipped on a “slimy” substance. As she fell, her foot slid under the stall, injuring her back in the process.
Our client suffered injuries to both her back and neck, including cervical disc herniations at C4-C5, C5-C6, and C6-C7 which flattened parts of the spine—the dural sac and the ventral surface of the cervical spinal cord—causing significant pain. As a result of her injuries, the woman suffered from severe cervicogenic migraines, upper back pain, neck pain, and lost range of motion in her neck and back. She underwent multiple epidural steroid injections to the spine, cervical facet injections, numerous MRIs, and a cervical discectomy.
Davis, Saperstein & Salomon, P.C. partner Marc C. Saperstein and his team of Certified Civil Trial Attorneys retained an engineering expert to determine the cause of the fall. Although the movie theatre had taken remedial action to fix the slippery floor problem by the time of the inspection, the expert concluded that the wet substance present on the floor—which was caused by the tile floor’s surface treatment and the soaps used by the movie theatre—created an unsafe condition for movie theatre patrons. The lack of “wet floor signs” added to this danger.
Our client’s life significantly changed because of her injuries. She could no longer work and was rendered totally disabled. The movie theatre’s negligence impaired our client’s ability to fully function as a wife, mother, and homemaker.
Partner Marc C. Saperstein also represented the woman’s husband in a “loss of consortium claim,” designed to compensate a spouse of an injury victim for their loss due to their spouse’s injuries.
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Cervical Discectomy: A surgery to remove a herniated or degenerative disc in the neck
Cervical Facet Injections: an anesthetic and steroid are injected into joints in the neck
Cervicogenic Migraine: Pain perceived as occurring in a part of the body perceived in the head from a source in the neck
Disc Herniation: a portion of the disc, which acts as a shock absorber for the spinal bones, is pushed into the spinal canal
Dural Sac: the sac that encases the spinal cord within the bony structure of the spine
Epidural Steroid Injections: a minimally invasive procedure that can relieve neck, arm, back and leg pain; delivers steroids via a needle
MRI: magnetic resonance imaging; a medical examination that obtains an image of the organs and tissues in your body
Ventral Surface: the front of the body; includes the chest, abdomen, shins, balms, and soles