$200,000 Settlement for Slip and Fall on Icy DrivewayJune 1, 2014
June 2014, 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, P.C., Denville, NJ, announces a $200,000 settlement in slip and fall accident on an icy driveway. On Wednesday, January 2, 2013 at approximately 7:30 a.m., the plaintiff was an upstairs month-to-month tenant located at 78 Main Street in Succasunna, N.J. It was the habit and custom of defendant, Main Street Rental to plow and salt the common driveway on the premises in order to remove all snow and ice resulting from inclement weather. This was confirmed by the Lease Agreement by and between the parties which was in effect prior to the incident providing that the tenants were responsible for shoveling and salting on the steps, walkways and common sidewalks leaving the common driveway to the responsibility of Main Street Rental. However, for reasons unknown, defendant Main Street Rental ceased to perform its obligatory snow and ice removal of the common driveway area shortly before this incident. As the plaintiff was attempting to walk to her car located in the common driveway, she slipped and fell on ice sustaining two (2) non-displaced fractures in her left wrist and requiring left elbow ulnar release surgery leaving a 3-4 inch scar across the posterior left elbow. Prior to trial, the plaintiff consented to settle her case for $200,000.00.