Premises Liability – Hazardous Premises – Alleged dangerous curb at defendant hospital – Trip and fall – Lumbar herniation – Fusion surgery – Meniscal tears and biceps tendon tear – Surgeries.

Bergen County, NJ

The plaintiff, in her early 40s, who was visiting the defendant hospital, contended that the curb at the drop off area was negligently maintained, resulting in her tripping and falling. The plaintiff contended that as a result, she suffered injuries at L4-L5 & L5-S1 and required lumbar fusions with a pedicle screw and interbody cage hardware. The plaintiff also underwent the subsequent partial removal of instrumentation.

The plaintiff further contended that she sustained two meniscal tears to the right knee that required surgery and a left biceps tear that required surgery as well. The plaintiff contended that she will suffer permanent pain and limitations, and also claimed medical expenses in the amount of $________.

The incident was captured on the hospital’s security video. The defendant contended that the top of the curb was not in disrepair and that the cause of the incident was the negligent failure of the plaintiff, who claimed to have tripped on a void in the facing, to walk more carefully. The video did not depict the facing itself. The defendant also maintained that the plaintiff had preexisting conditions with respect to her back and knees.The jury found that the defendant was not negligent.