On March 18, 2005, the plaintiff exited the front entrance of the multi-unit apartment building where she lived and slipped and fell on ice, which had formed when snow piled near the front door had melted and frozen overnight. The defendant landlord argued it was not negligent because the owner had properly cleaned the sidewalk.
As a result of her fall, she sustained a serious fracture of her left ankle. She required surgery to repair the ankle and install hardware, specifically an open reduction with internal fixation of a trimalleolar fracture of the left lower extremity. She required a second surgery, specifically a pre-operative nerve block to the left ankle, removal of the syndemotic screw in the left ankle, bone graft to the screw defect of the left ankle, and manipulation of the ankle. Her ankle remained in a hard cast for two months following her accident, and she underwent approximately 7 weeks of physical therapy following her second surgery, followed by regular follow-up evaluations with her orthopedic surgeon for nearly 4 years following her accident.
The plaintiff was left with severe pain and limitations of her left ankle. She continued to have pain with any activity which involved standing and walking long periods of time or carrying anything heavy, and her physical activities and recreational activities were significantly limited. She would continue to have pain, weakness, and limited range of motion of her left ankle for the rest of her life.
Attorneys Amos Gern and John Brost handled the claim throughout litigation, and attorney Jonathan Lerner settled the claim at a mediation with retired Union County Judge John Boyle, J.S.C. for $195,000.