$440,000 Recovered After Slip and Fall Injury

By on April 23rd, 2019

Posted in Stark News

Stark & Stark is proud to announce that Shareholder Denise Mariani recovered $440,000 for a client who was injured after a slip and fall on ice in an apartment complex parking lot in Hamilton, NJ.

The client was injured in the Winding Brook Apartments parking lot while walking to his car to go to work at 7:00 am. He slipped on a patch of ice and fell, resulting in a fracture dislocation of his ankle. This injury required surgery, specifically open reduction internal fixation of the lateral malleolus using syndesmotic screws. He also eventually required a second surgical procedure to remove the syndesmotic screws.

The defendant, Burstyn Group trading as Winding Brook Management Corp, argued that the plaintiff was negligent for failing to move his car to allow the snow plows to clear all the parking spaces of snow. They argued that the ice formed as a result of residual unplowed snow in the parking lot. They also argued that he was not being careful in light of the weather conditions.

The plaintiff, represented by Stark & Stark Shareholder Denise Mariani, disagreed and argued that the landlord as well as the maintenance company were responsible for ensuring that all walkways and common areas on the property were reasonably safe for the tenants and their guests to use. Plaintiff argued that the parking lots should have been salted by 7:00 am, 2 days after a snow event.

The jury found in favor of the plaintiff, awarding him $300,000 for pain and suffering, and $140,000 for future medical expenses that were discussed during the trial. The jury found no comparative negligence against the plaintiff.

“I’m grateful to have had a jury that was so attentive and committed to fulfilling their civic duty with honor. Jurors are the keepers of our justice system and it cannot work without them,” said Denise Mariani.

 

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