PREMISES LIABILITY. Fall Down. $______ RECOVERY

• Pages: 17-18

PREMISES LIABILITY

Fall Down

$669,185 VERDICT

Premises Liability – Fall down – Plaintiff EMT falls

when responding to cardiac arrest at defendants’

home – Failure to warn of icy condition on

defendants’ premises – Lumbar herniation – Two

discectomies and implantation of spinal cord

stimulator – Inability to work as EMT.

Middlesex County, NJ

The male plaintiff, a 32-year-old EMT who

responded to an emergency involving a person

with cardiac arrest, contended that as he was

bringing equipment and walking over the

walkway, he slipped on black ice. The plaintiff

contended that the defendants negligently failed

to warn of ice on their walkway and/or de-ice. He

alleged that defendants should have been aware

of ice, as wear to the sidewalk along with weather

conditions created a recurring icing problem. The

plaintiff presented a coworker who testified that

he heard the plaintiff fall and saw another

individual fall on the same spot. The plaintiff also

presented a responding police officer who

testified that she also fell due to ice on the

walkway.

The plaintiff’s engineer testified that the wear and tear

to the walkway along with its slope demonstrated that

the icing condition would have been recurring, given

the weather conditions. His meteorology expert testi-

fied that it had last snowed five days prior to the acci-

dent and that the temperatures were such that

melting and re-freezing would have occurred. The

defendants denied that the area was icy or that any

recurrent condition had impacted the walkway. The

defendants also contended that the front walkway

was rarely used; therefore, they would not have been

on notice of any alleged ice.

The plaintiff suffered a lumbar herniation that was

confirmed by MRI and contended that because of

the radiating pain and weakness, he was treated with

conservative care and spinal injections unsuccess-

fully. Therefore, he underwent an initial discectomy.

He maintained that because of the failure of the first

surgery, he needed a second discectomy and the

implantation of a spinal cord stimulator. The plaintiff

maintained that he continues to suffer symptoms and

that he cannot continue working as an EMT. The

plaintiff also asserted that he incurred medical costs.

The jury found the defendant 100% negligent and

awarded $669,185. The judgment, including prejudg-

ment interest and costs, amounts to $694,150. The

defendant had primary coverage of $500,000 and a

$1,000,000 umbrella.

REFERENCE

Plaintiff’s economic expert: Kristin Kucsma from

Livingston, NJ. Plaintiff’s engineering expert: Wayne

F. Nolte, PE from Hazlet, NJ. Plaintiff’s meteorology/

climatology expert: Thomas M. Else from

Hackettstown, NJ. Plaintiff’s orthopedic surgeon

expert: Joseph S. Lombardi, M.D. from Edison, NJ.

Plaintiff’s vocational rehabilitation expert: Ellen

Rader Smith from Towaco, NJ. Defendant’s

neurologist expert: Aaron Rabin, M.D. from

Englewood, NJ. Defendant’s vocational rehabilitation

expert: Joseph Pessalano from Garden City, NY.

Wilson vs. Giacomo, et al. Docket no. 7351/12;

Judge Melvin L. Gelade.

Attorney for plaintiff: Frank Lazzaro of Lutz,

Shafranski, Gorman & Mahoney in New Brunswick,

NJ.

$187,500 RECOVERY

Premises liability – Fall down – Plaintiff tenant at

defendant garden apartment complex slips and

falls on ice – Orbital fracture – Surgery –

Aggravation of lumbar herniation treated

conservatively – Upper eyelid laceration – Sutures.

Morris County, NJ

The female plaintiff garden apartment complex

tenant, approximately 50, asserted that the

defendant complex negligently failed to

adequately inspect and maintain the outside

premises. The plaintiff related that as she was

walking to her car to retrieve medication at

approximately 10:00 a.m. on a Sunday, she

slipped and fell on ice. The defendant pointed out

that the fall occurred during the course of a storm

and denied that it was negligent. The plaintiff

established that the defendant did not hire an

outside snow and ice contractor and that work

was done by personnel who did so in return for

receiving a rent reduction (and sometimes cash.)

The defendant further contended that the plaintiff

failed to make adequate observations and walk

with sufficient care and was comparatively

negligent.

The plaintiff maintained that she suffered an orbital

fracture that required surgery and the implantation

hardware that will remain permanently. The plaintiff

contended that intermittent pain and noticeable

scarring from this injury will remain permanently. The

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