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$________ Alleged negligent maintenance of elevator - Plaintiff claims elevator brakes were not properly maintained causing elevator to stop abruptly - Left knee derangement - Herniated disc - Multiple arthroscopic knee surgeries - Lumbar fusion surgery with pedicle screws - Permanent disability alleged.

Union County, New Jersey

On December 23, ________, the 31-year-old plaintiff, a corrections officer at the Union County jail, contended that he was descending in an elevator at the jail when the elevator suddenly and abruptly stopped. The plaintiff maintained that the sudden stop caused him to suffer severe knee and back injuries consisting of a knee derangement with internal damage to the cartilage and ligaments, along with a strained neck and a herniated disc at L-4,L-5. The plaintiff maintained that as a result of the injuries, he required several surgeries.

Had this case gone to trial, the plaintiff would have introduced the testimony of an engineering expert to support his position that the elevator brakes should have been periodically checked p 7 3 and maintained, and that the defendant elevator maintenance company had a duty to perform routine maintenance checks on the elevator brakes, but failed to do so. The plaintiff’s expert would have also testified that had the brakes been properly maintained, the elevator would not have stopped abruptly.

On damages, the plaintiff was prepared to show that he had undergone two arthroscopic knee surgeries, a lumbar fusion surgery with pedicle screws, and surgery for the herniated disc.

The plaintiff contended, however, that the back surgery was not successful. The plaintiff alleged he sustained total and permanent injuries in that he was left with a limited range of motion, constant pain, he could no longer stand or sit for long periods of time, he has a limited ability to lift heavy objects and has difficulty turning. In addition, the plaintiff alleged that he needed to take daily pain medication and that he might require additional surgery in the future.

The parties agreed to settle the case on December 15, ________, the first day of trial, for $________. The defendant had a $________ policy with Gulf Insurance Group. PSE&G, which had been named as a codefendant, was voluntarily dismissed immediately prior to settlement.

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