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ARTICLE ID 191965

$________ Personal Negligence – Defendant company employee delivering to supermarket opens double doors with excessive force, striking plaintiff supermarket employee as he is wheeling flatbed cart towards doors from other side – Plaintiff is pushed backwards, falling to floor – Lumbar herniation – Surgery to install spinal stimulator – Inability to return to work.

Morris County, NJ

The plaintiff supermarket employee, 68 at the time, contended that as he was wheeling a flatbed cart towards the double doors leading from the loading area, the defendant, who was employed by a company delivering produce to the store, and who was opening the double doors from the other side, did so with extensive force, knocking the plaintiff’s cart and propelling him to the floor. The incident was captured on the supermarket’s video surveillance system, and the plaintiff would have argued that the jury could determine that the defendant was almost running as he pushed open the doors. The defendant maintained that the plaintiff should have approached the doors with greater caution and was comparatively negligent.

The plaintiff contended that he suffered a lumbar herniation that was confirmed by MRI. The plaintiff maintained that because of continuing severe pain, he underwent surgery in which a spinal stimulator was installed in the hopes of "distracting" the pain. The plaintiff contended that although the device provided some relief, he has continued to suffer very significant pain and weakness, which the plaintiff maintained is permanent.

The plaintiff, who was earning approximately $________ per year, maintained that he cannot return and would have worked until approximately age 80. The defendant denied this claim should be accepted.The case settled prior to trial for $________.

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