Case Results

$350,000 Settlement for Injuries Sustained at Mall

An Edison man received a settlement of $350,000 from an area mall for the injuries he sustained when the chair in which he was seated broke. The 70-year-old man was sitting in a chair near the Food Court of an area mall enjoying a cup of coffee when his chair suddenly collapsed, sending him to the floor.

Upon impact, the man injured his neck and lower back. An MRI showed a herniated disc at L5-S1. He also had degenerative disc disease and spinal stenosis which were aggravated by the accident. The man underwent a series of epidural injections which only lessened his pain temporarily. Unfortunately, the man was not a candidate for surgery due to an unrelated medical condition, and he continues to suffer from severe pain, effecting his ability to perform activities of daily living and requiring him to walk with a rolling walker.

The Personal Injury team at Maggs McDermott & DiCicco argued that the owners of the mall and the management company who operated the mall, failed to maintain the chair in accordance with the manufacturer’s recommendations. In fact, the management company failed to inspect the chairs in the Food Court at all. Had the mall or management company inspected this chair, they would have found that it was unstable from past use and dangerous for patrons to sit on. The case proceeded to arbitration before a retired judge. The judge agreed that the mall and management company failed to maintain the chair and the man’s injuries were a direct cause of that failure.

For these reasons, the parties settled the case for $350,000.

For more information on the Personal Injury practice at Maggs McDermott & DiCicco, click here.

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