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$________ Plaintiff falls on depressed sidewalk in front of jewelry store in strip mall – Fracture of non-dominant elbow – Surgery – Permanent implantation of plate and five screws.

Middlsex County, NJ

The female plaintiff, in her early 50s, contended that she slipped and fell on an approximate 3/4 inch depression in the sidewalk outside of a defendant jewelry store in the defendant strip mall, which was not corrected by the defendant maintenance company. The plaintiff’s engineer asserted that the sidewalk had been becoming depressed for about a year and the plaintiff would have argued that it should have been corrected during this period.

The defendants denied that the plaintiff’s claims should be accepted or that the condition was dangerous. The defendants also maintained that the plaintiff was overwhelmingly comparatively negligent.

The plaintiff suffered a fracture of the left, non-dominant elbow. The plaintiff’s orthopedist related that the plaintiff required an open reduction and the installation of a plate and five screws. The orthopedic surgeon would have testified that the hardware will remain permanently and that the pain will be very significant and heightened on changes in weather for the remainder of the plaintiff’s life.

The plaintiff made no income claims.The case settled prior to trial for $________, including $________ from the maintenance company and $________ from the jewelry store.

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