$350,000 Settlement for Slip and FallMay 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 $350,000.00 settlement for a slip and fall in a parking lot.
Plaintiff is presently 52 years of age. In February 2014, she was returning to her apartment from work and had parked her vehicle in the dimly lit commercial parking lot. Significant snow and ice had accumulated throughout the parking lot and premises. She slipped and fell on ice. The defendant had not performed any ice or snow removal on the parking lot for two days prior to Plaintiff’s fall and the complex was not salted or cleaned until five hours after Plaintiff’s fall.
Plaintiff did not seek medical attention until six months after her fall at which time she underwent a posterior four level cervical diskectomy and fusion surgery at C3-C7 and right shoulder arthroscopic surgery for repair of an anterior labral tear.
Despite not receiving treatment until six months after the incident and a $182,000.00 ERISA lien which needed to be paid back from any third party settlement achieved, and after mediation with a retired judge failed to achieve a favorable result and the arbitration award was rejected by the defendant, the case was settled at the time of trial in the amount of $350,000.00