Our Success
Levinson Axelrod continues to strengthen its reputation for achieving significant verdicts and awards on behalf of its clients. Here are some of our most recent cases and recoveries.
$450,000.00 settlement - Parking Lot Accident - An 82 year old man was walking from a convenience store to his car in the parking lot of a strip mall when a vehicle proceeding through the driveway separating the stores from the parking lot spaces ran into him. The man was knocked backwards and struck his head on the pavement. The plaintiff never regained consciousness, suffering a significant brain injury requiring immediate surgery. Unfortunately, the surgery was not able to save the man and he remained in a coma until he passed three days later. A lawsuit was filed against the driver of the vehicle that struck the man and against the shopping mall since they did not provide any cross walks or other signage to assist pedestrians and motorists in the parking lot area. The case settled prior to trial for the driver's policy limits of $300,000 with the shopping mall contributing $150,000.
$250,000.00 settlement - Gym Class Accident - A student was injured in gym class playing street hockey. She twisted her ankle when trip in a crack in the asphalt surface of the playing field. The plaintiff subsequently developed a regional pain syndrome. Aside from arguing that the injury was no more than a sprained ankle, the school asserted a Charitable Immunity defense which would allow them to escape liability for any damages. To overcome this defense, the plaintiff would have been required to prove to the jury that the school's actions in having students take gym class on the asphalt surface that contained cracks rose to a level of gross negligence, something greater than ordinary negligence. The case settled prior to trial for $250,000.
$375,000.00 - Fall at work - A construction worker was on a job site when he fell and injured his knee requiring a partial knee replacement. The worker had to retrieve blueprints from a storage box inside of a parking garage that was under construction. The electric had not yet been installed in the building and there was limited construction lighting in place. As the worker walked further into the garage he tripped over a curb he could not perceive due to the limited amount of light. A claim was brought against the general contractor who was responsible for the overall safety of the job site. The was case settled during a pre-trial mediation.
$350,000.00 Settlement - Motor Vehicle Case - A 57 year-old Cumberland County man was struck by a motor vehicle while crossing a side street in Millville, N.J. Some evidence indicated that he was in the crosswalk when he was struck; other evidence indicated he was perhaps 25 to 30 feet away from the crosswalk. The vehicle that struck the man was a commercial vehicle on its way to perform janitorial service.
The pedestrian sustained a traumatic brain injury resulting in some cognitive loss and emotional instability. He had no memory of the accident and therefore, had no version of how the accident happened. He was hospitalized for two weeks at a local trauma center and thereafter for another three weeks at a head trauma rehabilitation center. The client was unemployed.
Problem: pedestrian suffered from paranoid schizophrenia during his entire adult life. This condition caused him to commit multiple anti-social acts which resulted in his being jailed for approximately 13 years. It became difficult to figure out what cognitive deficits he had prior to the accident and what emotional instabilities he experienced prior to the accident. However, defense medical expert agreed that he did sustain a traumatic brain injury, although mild, in the motor vehicle accident which also exacerbated to some extent his emotional instability. The other problem was that the case was venued in Cumberland County, a low verdict venue.
All parties agreed to submit the case to retired Judge John Keefe for mediation. Following a lengthy mediation on 1/15/09, the case was settled for $450,000.00. David T. Wheaton handled the case for the plaintiff.
$300,000.00 Settlement for Strip Search Case - On January 28, 2005, two female students at Franklin Township School were strip searched by the school nurse at the direction of the interim superintendent. The circumstances of the strip search arose from a belief by the administration that the students were involved in the theft of a nominal amount of money from teachers. The students were questioned, their belongings were searched, and then they were eventually escorted by the superintendent to the nurse's office. While there, they were ordered to stand behind a curtain where they they were asked to remove their clothing and undergarments, which exposed their bodies, so that the nurse could see if they were hiding any money. Following the search, no money was ever found.
Both female students brought suit against the defendants in the case, including both state and federal 1983 claims, asserting that their 4th amendment constitutional rights were violated by the unlawful search. Both students were embarrassed and humiliated by the search, and were under the assumption at the time that their parents were notified and consented to the search. The parents were never notified prior to the search, nor were the police advised. The administration handled the matter in-house, which gave rise to the unlawful strip search.
The case was handled by Ronald B. Grayzel and Tara L. Johnson of Levinson Axelrod. The case settled for $300,000.00 which included compensation for all claims, costs and counsel fees.
$340,000.00 Settlement - Auto Accident - A 39-year old Middlesex County man was injured when another vehicle made a left hand turn in front of his truck. While he braked as hard as he could, the plaintiff could not stop his truck in time and the collision occurred. The plaintiff sustained injuries to his shoulder and arm as well as his low back. The shoulder injury required a surgical procedure that left the man with a two inch scar from the operation.
The plaintiff was kept out of work for five months to recover from his injuries and his surgery. Despite five months of treatment, he continued to suffer from the residuals of his injuries. The driver that caused the accident had a minimum policy with only $15,000 in coverage. The additional $325,000 had to be obtained via a settlement with the plaintiff's own insurance company through a claim for Underinsured Motorist benefits.
This case is a good example why it is important to make sure you have sufficient coverage on your own policy in the event you are hurt by another driver with little or no insurance.
Case was handled by Brett Greiner, Esq.
$739,500.00 Settlement - Auto Accident - Boerger v. Bandag, Middlesex County - Case handled by Brett Greiner, Esq.
Plaintiff, a 42 year old female, was driving to work on Route 287 when her vehicle struck a tire that had come off a tractor trailer. The defendant's technician had just changed the tire a few miles before the wheel disengaged. The plaintiff sustained an injury to her neck that was initially treated with chiropractic care and injections. She missed three weeks from work after the accident and then could only work light duty for the next two months.
After two and a half years of conservative care failed to resolve her symptoms, plaintiff was seen by a surgeon who subsequently performed a fusion from C4 to C7. Following the surgery, once the plaintiff returned to her job as a packaging associate performing repetitive activities with her upper extremities, she developed increased radicular pain on the left side. To address this, a second surgery, a posterior cervical foraminotomy at two levels on the left side, was performed. The surgery was successful and the plaintiff was able to return to her job but was left with the residuals associated with the operations.
Workers' Compensation - Total Disability - Richard Marcolus is a certified worker's compensation lawyer with Levinson Axelrod. The following are several settlements that Richard Marcolus recently obtained for clients of our firm:
1. Workers compensation, post-traumatic stress disorder, total disability, bus driver, psychiatric disability, mental disorder, medical benefits, wage benefits, claimant.
A trial resulted in an award of 100% disability for a bus driver who was transporting passengers when NY City was attacked by terrorists on 9/11/01. The claimant alleged that she suffered PTSD (Post Traumatic Stress Disorder) resulting in her inability to return to work. After 4 days of hearings Rich Marcolus was able to convince the parties that the claimant was permanently disabled resulting in medical and wage benefits for life.
2. Lump sum settlement, workers comp, knee injury,
maintenance worker, fall down, penalty, court order, knee surgery, contempt of court.
A maintenance worker accepted $96,000.00 in a lump sum as a result of a knee injury sustained on the job. Rich Marcolus negotiated the settlement on behalf of his client who alleged his knee injury was the result of a fall on his employer's property. The claimant also received a $1,500.00 penalty when the insurance company violated a court order. Marcolus filed a motion to hold the insurance company adjuster in contempt of court for violating the order.
3. Workers comp, repetitive injury, neck surgery, neck injury, cervical disc disease, settlement, cervical fusion, cumulative trauma.
A borough maintenance man accepted a $97,665.00 settlement after having neck surgery. The claimant alleged that his neck injury was the result of his years of doing repetitive work. The worker had a neck fusion but was able to return to work with some restrictions. Rich Marcolus negotiated the settlement for the worker.
4. Office worker, workers comp, psychiatric, work place harassment, disability, discrimination, harassment, racial discrimination, hostile
work site, medical benefits, and temporary disability benefits.
A trial resulted in medical and compensation benefits for an office worker who was the subject of derogatory racial remarks. Rich Marcolus was able to prove that as a result of the racial remarks that the claimant was exposed to a hostile work environment and needed treatment.
5. Construction worker, sheet metal worker, union, total disability, scaffolding accident, fall off scaffolding, workers comp, uninsured claim, contractor, general contractor, unsafe workplace,
OSHA, construction manager, construction site.
A sheet metal worker working out of a union hall was awarded 100% disability benefits as a result of a workplace fall from scaffolding. Rich Marcolus negotiated the settlement even though the claimant's employer was not insured at the time of the accident. Marcolus was able to locate and sue the construction manager on the site who was then forced to pay the settlement.
6. Sexual harassment, workers comp, retaliation, psychiatric, benefits,
tape recordings, evidence, hostile work setting, sexual conduct, sexual harassment policy.
Rich Marcolus won a trial for a female janitor who alleged she was sexually harassed by her male co-workers. The trial lasted 6 months and required testimony of co-workers, managers and doctors. The key to the case was Marcolus' ability to get the judge to introduce into evidence tape recordings that were taken by the claimant. The tapes caught some of the witnesses giving false testimony when compared to the tape recordings. Some of the witnesses testified that they never made certain statements, but they had clearly made them as could be confirmed by the tapes. The judge ruled for the claimant and awarded workers compensation benefits and medical treatment.
7. Asbestos, mesothelioma, plant worker, lung disease, death, widow benefits, workers comp, bankruptcy.
Rich Marcolus negotiated a lump sum settlement of $150,000.00 for a widow whose husband died from lung disease related to asbestos exposure. Although the employer is currently in bankruptcy, Marcolus was able to convince a Federal Bankruptcy Judge to lift the bankruptcy stay. The deceased worker worked his whole career as a plant worker, Marcolus was able to prove through discovery requests that he was exposed to asbestos at the plant.
$125,000.00 Settlement - Auto Accident - Shoulder Injury
Cherensky v. Wolff
Middlesex County
Lawsuit handled by Kenneth Harrell, Esq.
Plaintiff suffered a shoulder injury in an accident caused by another car that rear-ended her. Plaintiff was diagnosed with a torn labrum and rotator cuff and underwent two surgeries to repair it.
The insurance company for the careless driver took the position that plaintiff's shoulder injury was not serious as the plaintiff had made a good recovery from her surgeries.
In order to prepare plaintiff's case, Harrell obtained reports from the plaintiff's treating orthopedist that described the plaintiff's condition, the surgeries that were performed and the resulting disabilities. The case settled two weeks before the trial.
$110,000.00 Settlement - Auto Accident - Shoulder Injury
Perez v. Lenczewski, Middlesex County
Lawsuit handled by Kenneth Harrell, Esq.
Plaintiff suffered a shoulder injury in an accident caused by another car that ran a stop sign. Plaintiff was diagnosed with a torn rotator cuff and underwent surgery to repair it.
The insurance company took the position that plaintiff's shoulder injury was not caused by the car crash. In order to prepare plaintiff's case, Harrell obtained reports from the plaintiff's treating orthopedist that described the plaintiff's condition and why it was caused by the accident.
The insurance company retained a "hired gun" expert to offer the opinion that since plaintiff did not complain about her shoulder right away, it could not be related to the crash. The treatment records actually indicated that plaintiff was treating for her neck and shoulder soon after the accident. The case settled the week before the trial was scheduled.
$200,000.00 Settlement - Auto Accident - Total Knee Replacement
Pasinski v. Wistuba, Middlesex County.
Case was handled by Kenneth Harrell, Esq.
Lawsuit on behalf of a woman who was travelling straight through an intersection when another vehicle turned left in front of her causing an accident.
Defendants denied that they were responsible for the happening of the accident and claimed that the plaintiff was speeding. During the deposition, the defendant admitted that he had not seen the plaintiff before the impact of the two vehicles. The other driver conceded that he could not say how fast plaintiff's vehicle was going; only that he did not see her before he began his turn.
Plaintiff sustained a knee injury that eventually lead to a total knee replacement surgery. The defense contended that the knee condition was caused by prior existing conditions. Harrell obtained all of the medical records and a report from an orthopedist documenting the seriousness of the injuries. A medical illustrator prepared diagrams of the knee replacement surgery.
Faced with overwhelming evidence of liability and damages, defendant's insurance company settled the case in a conference with a judge two weeks before trial.
$190,000.00 Settlement - Scalera v. fratesi
Plaintiff was 12 years old. She and two classmates, one who resided at the defendant's premises, were jumping on a trampoline. While doing so, plaintiff cut her left foot on the spring of the trampoline. For this reason, she was jumping on her right foot only when she felt the trampoline surface rebound in an unusual way as she landed one time while jumping solely on her right leg. She believes this was because one of her classmates got onto the trampoline while she was jumping; however, they both denied doing so.
House was owned by defendant Fratesi, grandparent of one of the classmates who was also a minor.
The defendants contended that plaintiff was at fault for jumping only on one leg. They also contended they did not know plaintiff was present at the time of the accident and therefore, no supervision was being provided. Defendants contended that proper supervision would have prevented the accident because an adult supervisor would not have let the plaintiff jump on only one leg.
Plaintiff's injury was a bi-malleolar right ankle fracture that required pinning.
Case handled by Brett Greiner and settled for 190k just before jury selection.
Workers' Compensation - Total Disability - Patrick R. Caulfield is a certified worker's compensation attorney and has been practicing law for 30 years. There are two settlements that Patrick recently obtained for clients of Levinson Axelrod:
TOTAL DISABILITY SETTLEMENT FOR LEGAL SECRETARY
Partner Patrick Caulfield obtained a total disability settlement for a legal secretary who injured her back lifting on her job. Petitioner's disability was found to result from her back injury which required fusion surgery and prior injuries and illnesses including a fractured right shoulder, rheumatoid arthritis, a pelvic fracture and a fractured sternum.
The Petitioner will receive $638.00 per week tax free from the Workers' Compensation Insurance Company from July 2004 through November 2008. Thereafter, during her continuing disability, she will receive the same $638.00 per week from the State of New Jersey until her death.
TOTAL DISABILITY SETTLEMENT FOR REGISTERED NURSE
Partner Patrick Caulfield obtained a total disability settlement for a nurse who injured her neck while lifting a patient. The Petitioner underwent neck surgery as a result of her injuries. Petitioner's total disability was the result of Petitioner's neck injury and certain pre-existing injuries including left knee surgery and a total right hip replacement.
The Petitioner will receive $568.00 per week tax free from the Workers' Compensation Insurance Company from May 2004 through February 2010. Thereafter, during her continuing disability, she will receive the same $568.00 per week from the State of New Jersey until her death.
$100,000.00 Jury Verdict - Auto Accident - CHALKLEY v. SHEIKH, Superior Court, Morris County.
Lawsuit on behalf of a young woman who was rear-ended. The case was tried by Attorney Tara L. Johnson of the Somerville Office. Ms. Johnson is a Certified Civil Trial Attorney.
Ms. Chalkley was driving home early from work for Thanksgiving weekend when she was rear-ended in traffic by the defendant at a high rate of speed. The damage to both cars involved was noted in the police report to be extensive. Ms. Chalkley was transported from the scene of the accident by ambulance to the emergency room. She later followed up with her family doctor for continued pain, treated with a chiropractor and physical therapist, and eventually treated with a neurologist, who gave her epidural injections into her back. Ms. Chalkley was only in her twenties at the time of the accident and enjoyed a very active lifestyle. Since the accident, she is much less active, and is more of a spectator of the activities she once enjoyed.
Ms. Chalkley had an auto policy in effect on the date of the accident that contained the verbal threshold selection, which is a limitation on her rights to sue as a victim of a car accident. Under the law in New Jersey, if you have the verbal threshold selection on your auto policy, your ability to sue for personal injury pain and suffering hinges upon whether or not your injuries fall into one of these six categories: (1) Death; (2) Dismemberment; (3) Significant Disfiguring or Scarring; (4) Displaced Fracture(s); (5) Loss of a Fetus; OR (6) A permanent injury, other than scarring or disfigurement. In Ms. Chalkley's case, her injuries fell under the permanent injury category. As such, in order to prove a permanent injury, as all Plaintiffs do, she had to prove that she had a permanent injury, which is supported by objective medical evidence, that was caused by the accident. In these cases, this is a very difficult burden of proof to meet.
In light of the difficulty of proving these verbal threshold cases, liability insurance companies often do not settle. And often, if any offers to do so are made before the trial, they are unreasonably low in most cases. Liability insurance companies rely on the tough burden of proof for each Plaintiff to establish, which is why the offers are low or in many cases, non-existent. However, Ms. Johnson has considerable experience in trying these cases, and Plaintiff attorneys must take the risk in fighting the insurance companies to recover fair money damages for the pain and suffering of innocent accident victims. In this case, there was no offer made to settle the case at any time.
In Ms. Chalkley's case, at trial, the defendant driver admitted being 100% responsible for causing the accident. The only issue to be decided by a jury at trial was the extent of the injuries suffered by her, and the amount of money damages she was entitled to for pain and suffering.
The medical expert on behalf of Ms. Chalkley testified in court, in front of the jury selected, to decide her case. The doctor explained that as a result of the accident, Ms. Chalkley suffered a disc herniation in her back, and an aggravation of a pre-existing neck injury, based on the medical evidence in the case. Before this accident, Ms. Chalkley was diagnosed as having a herniated disc in her neck that was aggravated by the trauma of this accident. With regard to her back, while she was initially more concerned with her neck pain because of the previous injury, within a month after the accident she noticed that her back pain was not going away. Eventual testing showed a herniation in her back.
The Plaintiff's medical expert testified at trial and explained that the back herniation represented a permanent distortion of her anatomy, and that she can expect to suffer from pain and discomfort, in addition to restrictions of her daily activities from her injuries. He explained that she never had any back problems before, and that the trauma of the crash caused the disc injury in her back. He further explained that the treatment she had for her neck before the accident had ended, and she only required additional treatment after the accident, and her symptoms were reportedly worse.
The defendant hired a medical expert who testified that she had received temporary soft tissue injuries, but denied that the back injury was caused by the accident, or that she had any permanent injuries caused by the accident, which is the standard for recovery in a verbal threshold case. However, at trial, it was clear on cross examination, that he was not familiar with the medical records he reviewed in coming to his opinions, nor experienced in treating neck and back injuries, and rendered opinions that were not supported by the medical evidence in the case. His opinions disagreed with the treating records in the case.
The trial lasted three days. After deliberations of only a bit more than a half hour, the jury returned a verdict in the amount of $100,000. Ms. Chalkley was also entitled to recover $11,636.18 in pre-judgment interest from the insurance company.
$100,000.00 Jury Verdict - Auto Accident - Limitation on Lawsuit Threshold - Herniated Disc
Chavez v. Tantillo, Superior Court, Middlesex County.
Lawsuit on behalf of a young man who was rear-ended at a light. The case was tried by Attorney Tara L. Johnson of the Somerville Office. Ms. Johnson is a Certified Civil Trial Attorney.
Mr. Chavez was on his way to work when he was hit from behind by a young female driver at a high rate of speed, causing extensive damage to his car. As a result of this crash, Mr. Chavez was taken by ambulance to the emergency room, and then followed up with his family doctor, a chiropractor, and eventually a pain management specialist. Before this accident, Mr. Chavez was an extremely active person. He had been in the military, active with his young daughters, and a performer of martial arts. After this accident, his life became sedentary.
Mr. Chavez had an auto policy in effect on the date of the accident that contained the verbal threshold selection, which is a limitation on his rights to sue as a victim of a car accident. Under the law in New Jersey, if you have the verbal threshold selection on your auto policy, your ability to sue for personal injury pain and suffering hinges upon whether or not your injuries fall into one of these six categories: (1) Death; (2) Dismemberment; (3) Significant Disfiguring or Scarring; (4) Displaced Fracture(s); (5) Loss of a Fetus; OR (6) A permanent injury, other than scarring or disfigurement. In Mr. Chavez's case, his injuries fell under the permanent injury category. As such, in order to prove a permanent injury, as all Plaintiffs do, he had to prove that he had a permanent injury, which is supported by objective medical evidence that was caused by the accident. In these cases, this is a very difficult burden of proof to meet.
In light of the difficulty of proving these verbal threshold cases, liability insurance companies often do not settle. And often, if any offers to do so are made before the trial, they are unreasonably low in most cases. Liability insurance companies rely on the tough burden of proof for each Plaintiff to establish, which is why the offers are low or in many cases, non-existent. However, Ms. Johnson has considerable experience in trying these cases, and Plaintiff attorneys must take the risk in fighting the insurance companies to recover fair money damages for the pain and suffering of innocent accident victims.
In Mr. Chavez's case, sometime before the trial, the Court determined that the defendant driver, Tantillo, was 100% responsible for causing the accident. The only issue to be decided by a jury at trial was the extent of the injuries suffered by him, and the amount of money damages he was entitled to for pain and suffering. Before trial, the insurance company offered $30,000 to settle the case, which was rejected by Mr. Chavez, and his case went to trial.
At trial, Ms. Johnson presented the testimony of Mr. Chavez's treating doctor. He told the jury about the medical treatment Mr. Chavez had both up until the time he treated him, and while he was being treated, which included epidural injections. The doctor diagnosed Mr. Chavez with a disc herniation in his back, which is permanent, in addition to nerve damage in the back seen on the tests that he performed. The doctor explained to the jury that the trauma of the crash caused these injuries and that Mr. Chavez would be expected to live with pain and limitations of his activities for the rest of his life. As a man in his thirties, that is expected to be a long time for Mr. Chavez.
The insurance company hired a doctor who saw Mr. Chavez once and opined that he did not suffer any permanent injuries as a result of the crash. However, it is assumed by the verdict that the jury found it interesting that the doctor was able to come to that conclusion without ever reviewing the MRI films that were used to diagnose the injuries in Mr. Chavez's neck and back.
After three days of trial, the jury deliberated, and returned a verdict in the amount of $100,000. Mr. Chavez was also entitled to recover $8,923.58 in pre-judgment interest.
$950,000.00 Settlement - Dogbite Injury - BRAIN INJURY
Stune v. Okolovitch, Perfection Plus Auto Body and Elizabethtown Water Company, Superior Court, Middlesex County, Superior Court, Union County. Lawsuit handled by Ronald Grayzel, Esq.
Plaintiff was an elderly, retired gentlemen taking a morning walk past an auto body shop when a German Shepherd ran out from the premises and attacked him. The dog bit the man, knocked him to the ground, where plaintiff struck a raised, broken metal cap on the sidewalk.
Plaintiff suffered a serious head injury and was later taken to the hospital. The man came under the care of a neurosurgeon and eventually required the installation of a shunt. Plaintiff was left with residual cognitive problems.
The owner of the dog claimed there was no insurance and the auto body shop claimed that the dog owner was not an employee of the business. Grayzel had to undertake an intensive program of discovery to unearth the true facts and demonstrate that there were insurance policies in place on the dog owner and that the business did employ the dog owner. Grayzel's hard work paid off and he was able to show that there was a policy of insurance on the home where the dog owner was living and that it provided coverage for the dog bite. Grayzel also took the deposition of the body shop owner and was able to show that the dog owner regularly performed work for the business owner at the business. The business owner was also aware that the dog was present at the business on a daily basis. Grayzel had included the insurance company for the auto body shop as a defendant. Under this policy, there was coverage available for "employees" working in the business.
An investigation also disclosed that the raised metal object that plaintiff struck his head on was a broken water cap improperly maintained by Elizabethtown Water. In a deposition of an employee of the company, he conceded that the cap was broken and should have been repaired.
As the trial date approached, the parties agreed to go to mediation and work with a retired judge to settle the case. Each defendant and its insurance carrier made a substantial contribution to the settlement. It was settled six weeks before trial.
$370,000.00 Settlement - Auto Accident - HERNIATED DISC SURGERY
Jensen v. Guillaume & Exantus, Superior Court, Union County. Plaintiff suffered a neck injury in an accident caused by two vehicles that struck the plaintiff's vehicle in the rear. Plaintiff was diagnosed with a herniated disc and underwent surgery by a neurosurgeon to repair the damage. The lawsuit was handled by Ronald Grayzel, Esq. and settled just prior to trial.
The insurance companies took the position that plaintiff's surgery was caused by a pre-existing condition of the neck and not the accident. In order to prepare plaintiff's case, Grayzel obtained reports from the plaintiff's treating orthopedist and neurosurgeon that described the plaintiff's condition and why it was caused by the accident.
The two insurance companies for the defendants retained two "hired guns", physicians who wrote reports blaming the injuries on pre-exisiting conditions. Grayzel took the depositions of one of the defense experts and demonstrated that their opinions were not based on the facts or accepted medical principles. Rosemary McGeady, a lawyer and a physician, took the deposition of the other defendant's expert and totally discredited his opinion.
After the depositions of the two defendants' expert witnesses were completed, the insurance companies began negotiations and the case was settled.
$350,000.00 Settlement - Falldown on Ice - Mauro v. A&P and Woodbridge Realty Associates Superior Court, Middlesex County.
Lawsuit on behalf of a woman who slipped and fell on ice on parking lot at A&P supermarket in Woodbridge, New Jersey. Case was handled by Ronald Grayzel, Esq.
Defendants denied that they were responsible for clearing ice from their parking lot or that they were negligent. During the lawsuit, Grayzel took the depositions of the A&P supermarket manager and assistant manager. The managers conceded that it had snowed; that after the snow was cleared that it had melted and that ice had accumulated on the parking lot and that the managers had failed to inspect the lot to look for ice. The manager conceded that he saw ice at the scene when the ambulance came to take the plaintiff to the hospital.
Grayzel also took the deposition of the owner of the shopping center and established that it was this defendant's obligation to take care of ice melt after a snowstorm. The shopping center manager insisted that it was the obligation of a snowplow contractor to do the ice watch. Grayzel also took the deposition of the landscaper who was able to document that he had not been hired to do ice watch and that the testimony of the shopping center owner was not correct. An expert meteorologist was hired to summarize the weather conditions before the fall and demonstrate how ice formed after higher temperatures melted the snow and freezing temperatures caused the water to freeze.
Plaintiff sustained a serious fracture of the ankle the required surgery and physical therapy. Grayzel obtained all of the medical records and a report from an orthopedist documenting the seriousness of the injuries. A medical illustrator prepared diagrams of the fractured ankle and post operative diagrams of the ankle with the hardware.
The case settled in mediation with a retired judge one week before trial.
$2,500,000.00 Settlement - The plaintiff was injured while delivering a 3,000 pound piece of equipment to defendant's premises. The defendant's employees were assisting the plaintiff in unloading the product when one of them prematurely activated the lift gate, thereby causing the piece of equipment to fall and strike the plaintiff's legs. The plaintiff suffered serious injuries to both legs, which required multiple surgical interventions. The matter was handled by Richard Levinson.
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THE INFORMATION PROVIDED IN THIS WEB SITE INVOLVES SPECIFIC FACTUAL CASES. THE FACTS OF YOUR CASE MAY BE DIFFERENT AND IT IS NOT INTENDED OR REPORTED THAT LEVINSON AXELROD WILL HAVE THE SAME RESULTS IN YOUR CASE AS IN THE CASES FOUND IN THIS WEB SITE.
