. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 199390

$________ – PREMISES LIABILITY – FALL DOWN – PLAINTIFF TENANT SLIPS AND FALLS ON ICE ON PORCH LANDING OUTSIDE OF APARTMENT – PLAINTIFF CONTENDS SUPER LEAVES PREMISES UNATTENDED AND WITHOUT MAKING PROVISIONS FOR SALTING – TRIMALLEOLAR FRACTURE.

Essex County, NJ

The male plaintiff tenant, age in his mid 50s, contended that the defendant landlord failed to arrange for salting or other de-icing procedures despite the weather forecast seen earlier in the day by the superintendent that called for freezing rain and the probable formation of black ice. The plaintiff contended that as a result, a patch of black ice formed on the landing of the concrete stairs outside his door and caused his slipping and falling, suffering a trimalleolar fracture and tarsal tunnel syndrome. The plaintiff had retired from the NYPD and was seeking employment as a security guard with the County of Passaic and passed the exam that was required. The plaintiff and that he can no longer work on his feet.

The plaintiff established that earlier in the day, the superintendent had seen a weather report that predicted an ice storm and the probable formation of black ice. The plaintiff asserted that despite such warnings, the superintendent left the premises unattended and did not arrange for any monitoring, salting or other winter related precautions. The superintendent indicated that he had spent the day in church.

The defendant landlord maintained that the primary responsibility rest with the snow removal contractor, who was named as a third party defendant. The snow removal contractor countered that its agreement with the property owner called only for it to plow the parking lot unless requested to do other work. The contractor maintained that no such request was made, and this position was unrebutted.

The defense further claimed that the plaintiff was comparatively negligent. The plaintiff countered that the invisible nature of black ice prevented him from seeing it. The incident occurred after dark. The plaintiff also maintained that the overhead light was out, that it had intermittently been malfunctioning for a few months, and that in view of this factor, it was clear that he did not negligently contribute to the accident.

The plaintiff suffered a trimalleolar fracture and required surgery and the insertion of hardware that will remain permanently. The plaintiff also suffered tarsal tunnel syndrome the same side, and contended that the nerve damage was permanent and will cause additional pain and limitations despite surgery.

The plaintiff asserted that he will not be able to work on his feet and that the injuries caused a significant diminution of earnings.

The defendant maintained that it was speculative if the plaintiff would have been offered the security guard position in Passaic. The defense would have also asserted that the plaintiff could work in more sedentary type position, even if he cannot work as a security guard.The case settled prior to trial for $________, including $________ from the defendant landlord and $________ from the 3rd party defendant snow removal contractor.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.


Your cart is empty
Let Our expert Researchers Do The Searching For You! Pro Search Service

Related Searches