$950,000 Premises Liability Accident

Date: Fall 2019
Attorney: John E. Molinari, Esq.
Settlement: $950,000.00
Practice Area: Premises Liability Accident

John E. Molinari represented a 33 year old woman who left her apartment to walk her dog when she tripped and fell due to broken gravel and cement pieces in a driveway of her apartment building located in Montclair, New Jersey. Plaintiff’s injuries were to her right hand that developed into necrotizing fasciitis. As a result of the infection, plaintiff underwent seven surgical procedures leaving her with minimal use of her dominant hand.

Defendant contested liability claiming that plaintiff had walked in the area many times and knew of the cracks in the driveway. They also claimed that the cracks were open and obvious as it was a sunny afternoon. Lastly they claimed that plaintiff was distracted when she fell as a result of walking her dog. Plaintiff and defendant agreed to proceed to mediation at which time the case settled for a total sum of $950,000.00.