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$________ Premises Liability – Fall Down – Failure of landlord to attend to icy condition despite complaints and photographs supplied by fellow tenant two days earlier – Cervical and lumbar herniations – Closed head injury – Permanent memory and concentration difficulties as well as headaches associated with psychological reaction to incident.

Middlesex County, NJ

The 32-year-old plaintiff contended that the area near the door to the complex was very icy, causing the fall down. The plaintiff would have presented a fellow tenant who complained about the condition two days earlier and provided photographs to the defendant, arguing that its failure to take action was egregious. The defendant would have maintained that the plaintiff failed to walk with sufficient care and was comparatively negligent.

The plaintiff would have countered that because of the ice; she walked very slowly and nonetheless fell, arguing that the incident occurred despite her being as careful as reasonably possible. The plaintiff maintained that she suffered a lumbar and a cervical herniation and that the injuries were confirmed by MRI. The plaintiff contended that she will suffer permanent symptoms. There was no evidence that disc surgery is indicated.

The plaintiff also maintained that she suffered a severe closed head injury that has continued to cause extensive headaches, as well as memory and concentration deficits. The plaintiff’s neuropsychologist would have maintained that although the plaintiff appeared to make a good recovery from a neuropsychological standpoint, the continuing symptoms were probably the result of a psychological reaction to the injuries and are permanent in nature.

The plaintiff, who works in the health field, often coordinating contacts between providers, contended that although she can work, she must take constant notes to keep track of her work. The defendant would have maintained that the injuries substantially resolved.The case settled prior to trial for $________.

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