Premises Liability

Confidential RECOVERY – Hazardous Premises – Failure to stop at stop sign – Aggravation of previously asymptomatic degenerative disc disease in lumbar and cervical areas – Extensive restrictions to L.P.N.

Ocean County

The plaintiff driver, 58 at the time, contended that the defendant driver negligently failed to stop at a stop sign, striking her car in the side. The defendant, who pled guilty to careless driving, had maintained in discovery that his view was obscured by the sun. The plaintiff pointed out that the defendant was traveling in an easterly direction at 4 p.m. The plaintiff’s motion for summary judgment on liability was granted. The plaintiff, who was not wearing her seat belt at the time of the accident, contended that she developed extensive lumbar and cervical pain after the accident. There was no evidence of a frank herniation, and the plaintiff contended that the trauma precipitated the activation of previously quiescent degenerative disc disease in both the lumbar and cervical areas. The plaintiff, who is an L.P.N., maintained that she had previously worked two jobs at nursing homes. The plaintiff contended that she has not been able to continue and has obtained alternative work as an L.P.N. working the overnight shift in a nursing home and is not generally required to lift. The new job is more lucrative than either of the prior jobs and the plaintiff is able to thereby approach her prior earnings.

The defendant contended that any injuries the plaintiff sustained would have been minimized by the use of the seat belt. However, the plaintiff’s specialist in physical rehabilitative medicine contended that the mechanism of the plaintiff’s side impact, torsion/rotation injury would not have been prevented by the seat belt.

The case settled prior to trial for Confidential

Reference

Plaintiff’s specialist in physical rehabilitative medicine: Paul DiLorenzo from Eatontown. Plaintiff’s pain management specialist: Charles Daknis from Shrewsbury. Plaintiff’s orthopedist: Dr. Swick from Tinton Falls.

Mabson vs. Sutton. Judge James Courtney, 9-01.

The Law Office of Miller & Gaudio PC in Red Bank.