$150,000 Settlement for Slip and FallFebruary 1, 2016
Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Barbarito, Frost & Botwinick, PC in Denville, NJ, announces a $150,000.00 settlement for a slip and fall.
Plaintiff is a 32 year old female. In October of 2011 after an early snow storm, Plaintiff exited her vehicle on a commercial property at the place of her employer to go to work. She slipped and fell on black ice sustaining significant injuries. Plaintiff underwent posterior lumbar diskectomy and fusion surgery. Four months prior to the fall, the Plaintiff had been diagnosed with a low back herniation at the exact same level.
We argued the fall aggravated a pre-existing condition, while the defense contended that she had previously sustained the injury and had already been recommended for surgery and therefore this incident did nothing to alter the surgical path that was previously recommended. In other words, the defense challenged the proximate causation of the injury.
Despite these issues, the matter proceeded to trial and settled for $150,000.00.