Case Results

Woman Receives $2.95 million For Injuries Following a Fall

A Long Branch woman has received $2,950,000 for injuries she received after falling in a shopping center parking lot.

The 47-year-old woman was injured when her shopping cart toppled over after striking a rain-filled pothole, causing her to fall in the parking lot. The woman had exited the supermarket and was returning to her car with a cart full of groceries. The firm, on behalf of our client, filed a lawsuit against the owner of the shopping center, the property manager and the operator of the supermarket.

Our client struck her knees on the shopping cart before she fell onto the ground on her left side. She suffered severe significant injuries to her back and left and right shoulders.

The post-accident MRI revealed a disc herniation at the L5-S1 level and a bulging disc at the L4-L5 level. Our client underwent conservative therapy and left sided L5-S1 epidural steroid injections which failed to provide any meaningful improvement. Our client then underwent a lumbar laminectomy, foraminotomy, and discectomy at the L5-S1 level. Post surgery, she remained symptomatic and required bilateral S1 steroid injections and left-sided L3, L4 and L5 block injections. Ultimately, she required a fusion at the L5-S1 level.

Additionally, an MRI of the right shoulder revealed a high-grade tear of the supraspinatus tendon, a full thickness rotator cuff tear and bursitis for which our client received steroid injections that proved to be ineffective. Our client then underwent right shoulder surgery consisting of a rotator cuff repair, subacromial decompression, distal clavicle resection and glenohumeral joint debridement. She continues to suffer limitations and pain in the right shoulder and has been recommended for more surgery.

The injury to her right shoulder caused our client to overcompensate and her left shoulder then became symptomatic. Our client received a corticosteroid injection to her left shoulder with no relief. An MRI revealed that she had suffered a partial tear of the left rotator cuff and bursitis. Her condition worsened and she required left shoulder surgery as well.

Our client continues to suffer from back and bilateral shoulder pain. The owner of the shopping center, the property manager and the operator of the supermarket were negligent in the upkeep of their parking lot. For these reasons and following tense negotiations, she received $2.95 million.

For more information on the personal injury practice at Maggs McDermott & DiCicco, click here.

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