No Cause for Slip and Fall Claim

Won a defense verdict on behalf of a land management firm and its managing agent following a six-day jury trial in the Superior Court of New Jersey. The plaintiff alleged a slip and fall accident on snow and ice at the defendant's commercial property. She alleged aggravation of prior cervical herniated discs; torn labrum in both shoulders necessitating bilateral surgeries; aggravations of certain bilateral TMJ issues; as well as aggravation of certain pre-existing anxiety disorders. The defense successfully limited the medical testimony of the plaintiff's medical experts in regard to the aggravation claims for the failure of the experts to provide a comparative analysis of the pre-existing conditions to the injuries actually sustained in this accident. The defense also significantly limited the medical expense issues presented to the jury and the alleged lost wage claim in our cross examination of experts. As to liability, the defense not only produced the owner and managing agent for the building, but also elicited testimony about the development and construction of the sidewalk to rebut the plaintiff's allegations concerning defects. Two representatives of the tenant who occupied the building were presented to testify about the foot traffic at the building that day. The jury returned a No Cause in 12 minutes, finding no negligence as to the owner or the managing agent.