Negligent Maintenance
Confidential RECOVERY – Premises Liability – Negligent Maintenance – Negligent repair following removal of sign from parking lot – Surrounding surface deteriorates and stump is exposed – Plaintiff customer falls – Tear of dominant rotator cuff – Arthroscopic surgery – Nerve damage causes slight tremor – Limitation on part-time work.
Monmouth County
The plaintiff, in his late 60s, contented that the defendant landlord of the strip mall containing a deli in which he was eating negligently failed to properly repair the parking lot after having a sign removed prior to the winter. The plaintiff contended that as a result, the surrounding surface deteriorated, resulting in his tripping and falling the following spring. The defendant would have maintained that the plaintiff failed to make appropriate observations at the time of the daylight accident and was comparatively negligent. The plaintiff would have introduced photographs taken during the repair process and the plaintiff would have further pointed to testimony of the defendant’s custodian of property that the condition existed after the sign was removed and was not subsequently repaired. The plaintiff would have also introduced photographs of the deteriorated surface. The plaintiff contended that he suffered a tear of the dominant rotator cuff that necessitated arthroscopic surgery. The plaintiff maintained that he will suffer permanent pain and limitations because of this injury. The plaintiff’s neurologist also maintained that the injury resulted in nerve damage and a slight tremor that was not present prior to the incident. The neurologist maintained that the plaintiff will suffer the residuals permanently. The plaintiff was a semi-retired dentist and prior the incident, he had sold his practice. The plaintiff related that prior to the fall; he continued to work part-time for the individual who bought his practice. The plaintiff maintained that because of the pain, weakness and tremors, he is more restricted and works for a different dentist fewer hours per week than he had before the incident. The defendant did not have the plaintiff examined by physicians.
The case settled prior to trial for Confidential.
Reference
Pltf: Williams. Docket no. MON-L-4982-11, 07-13. Attorney for Plaintiff, Frank S. Gaudio, The Law Office of Miller & Gaudio PC in Red Bank.
