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Settlements & Verdicts

$67,500 Award for a Trip and Fall

August 1, 2017

Denville, NJ

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 $67,500 settlement for a trip and fall.

In June 2016, Plaintiff was at a local elementary school, for the purpose of viewing her granddaughter’s presentation. The presentation required the teacher to take all visitors outside of the school to observe the school garden. Plaintiff was wearing sneakers, exited a school door with other attendees of the presentation, tripped and fell over a lip in the sunken asphalt and sustained serious injuries.

Prior to this accident, Plaintiff underwent bilateral knee replacements and required the use of a walker.

Following the accident, Plaintiff was transported via ambulance to the hospital. She was unable to bear any weight and immediately underwent an x-ray test to her left knee, which revealed a nondisplaced fracture of the femur from the point of her artificial knee. A splint and knee immobilizer was applied. She was thereafter transferred to another hospital wherein she underwent further diagnostic testing, including a CT-scan of her lower extremity. This testing confirmed an acute non-displaced periposthetic fracture of the distal femur of the left knee. She commenced a short course of physical therapy at the hospital and was thereafter transferred to a rehabilitation center where she remained as an in-patient for approximately one (1) month. Following her discharge from the rehabilitation center, she received approximately two weeks of home care services; she was non-weight bearing for a total of seven (7) weeks. Upon being advanced to weight-bearing, she was discharged from home care services and continued with physical therapy as an out-patient. Based on her last appointment with her orthopedic specialist of December 2016, her periposthetic fracture of the distal femur of the left knee healed and although Plaintiff continued to experience significant pain, weakness and swelling in her left femur, surgery was not an option due to her medical history of pulmonary hypertension, chronic respiratory failure and scleroderma.

Defense’s position with respect to liability was that Plaintiff fall was not caused by the depression or lip in the asphalt sidewalk and that the fall was caused by Plaintiff’s slow gait and use of walker.

The case settled prior to the scheduling of a trial, for $67,500.

At the time of this accident, Plaintiff was retired. No lost wage claim was asserted.

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