$150,000 Settlement for Injuries Sustained in a Slip and FallDecember 1, 2014
Christopher L. Musmanno, Esq., Chair of the Personal Injury Department and Certified Civil Trial Attorney with the law firm of Einhorn, Harris, Ascher, Barbarito & Frost, P.C., Denville, NJ, announced a $150,000 settlement for injuries sustained in a slip and fall case in a grocery store. On September 22, 2012, plaintiff was approaching a cashier station to pay for her groceries when she slipped and fell on an oily substance on the floor, which substance was subsequently confirmed by management and an incident report was made. We were able to obtain a copy of the store video which demonstrated that this dangerous condition existed for a sufficient period of time prior to plaintiff’s fall, such that defendant (grocery chain) had a reasonable period of time to remediate the condition. The defendant filed a motion seeking summary judgment on the issue of liability which was denied primarily because depositions taken in conjunction with the store video proved that defendant had notice of the dangerous condition prior to plaintiff’s fall. As a result of the accident, plaintiff sustained disc herniations at L4-5 and L5-S1 for which she subsequently underwent lumbar laminectomy surgery without hardware. After the defendant was unsuccessful in their summary judgment motion and prior to trial, the case was settled for $150,000.00.