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Settlements & Verdicts

$175,000 Settlement for Slip and Fall in a Grocery Store

June 1, 2016

Denville, NJ

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, PC in Denville, NJ, announces a $175,000.00 settlement for a slip and fall at a grocery store.

Plaintiff is a female in her mid-fifties. In June 2013, at approximately 11:00 am, while shopping in an A&P grocery store, Plaintiff slipped and fell in a puddle of water in the produce department, landing violently on her lower back and right buttocks. After conservative treatment failed, she underwent open diskectomy and fusion surgery at L4-L5 with the application of a cage at that level. The problem with this case is that subsequent to the filing of the lawsuit, A&P filed for bankruptcy. Under the bankruptcy code, the civil litigation against A&P was stayed and would essentially result in a dismissal of Plaintiff’s case. However, the Personal Injury Department at Einhorn Harris was not satisfied with the dismissal of the case. We filed a Proof of Claim in Bankruptcy Court and ultimately a Motion in Bankruptcy Court to lift the stay and reactivate the Superior Court case. We were allowed to pursue the Superior Court case up to the limits of insurance that A&P possessed at the time. A battle then ensued with the excess carrier who ultimately conceded, based upon review of its policy, that it had a duty to drop down in the case of its insolvent insured and cover any damages from dollar one. We then took the deposition of an A&P representative who described an ongoing problem in the produce department with drainage which would explain the excess water and puddling in that department resulting in Plaintiff’s slip and fall. As a result, the case was settled for $175,000.00 prior to trial.

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