Hackensack, NJ (October 19, 2023) – Today Rawle & Henderson LLP attorney Richard Imossi obtained a Summary Judgment in Essex County New Jersey Superior Court, on behalf of their clients, a NJ shopping mall and its janitorial services contractor.
This action arose out of a July 2020 slip-and-fall on a piece of cardboard in the shopping mall, which the Plaintiff did not see before her fall. Plaintiff alleged 1 lumbar herniation and 6 cervical and lumbar bulges. She underwent 2 lumbar epidurals and a lumbar laminectomy and discectomy. Plaintiff also sought to recover $268,900 in alleged medical expenses. Defendants’ medical bill expert opined the usual, customary and reasonable (UCR) fees for plaintiff’s medical services was $53,920.
Property owners have a duty to business invitees to inspect the premises, and identify and correct dangerous conditions of which they have notice, either actual or constructive. The judge noted the Plaintiff proffered no evidence as to the source of the cardboard, how it was deposited on the floor and by whom, or the length of time the condition existed. Consequently, the judge held the plaintiff failed to satisfy the notice element of her negligence claim, warranting summary judgment.
A mandatory, non-binding arbitration was held on May 2, 2023, resulting in an award of $300,000.00. Due to Plaintiff’s contributory negligence, the award was reduced by 50%, to $150,000.00, which was set aside when Defendants filed a Demand for Trial de Novo.
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