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$________ Premises Liability – Fall Down – Tenant slips and falls on packed snow situated under fresh layer of soft snow during massive snow storm – Bimalleolar fracture – Pulmonary embolism delays surgery.

Essex County, NJ

The plaintiff, in his mid-40s, a tenant at the defendant apartment complex, contended that he slipped and fell on snow and ice. The incident occurred during a major snow storm. The defendant denied that it was reasonable to expect it to clean the area during a storm in progress.

The plaintiff countered that the defendant failed to have a reasonable plan for effectuating snow removal. The plaintiff maintained that the defendant failed to retain a snow removal contractor and that the only plan was the use of a volunteer who lived a few doors away. The plaintiff maintained that the top level of lighter snow had been removed by this individual, and that the hard packed snow and ice on which he fell was very hazardous.

The plaintiff contended that he sustained a bimalleolar fracture and ultimately underwent surgery, which was delayed for seven to eight months because of a complication of a pulmonary embolism which resolved, and places the plaintiff at no further risk. He claimed he will nonetheless suffer some pain and limitations. The plaintiff made no income claims. The plaintiff did not have health insurance and the medical bills would have been introduced.The case settled prior to trial for $________.

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