Articles Posted in Injuries

An icy parking lot has cost the Extended Stays America Hotel in Piscataway, NJ $1.35 million. That was the jury award in a suit brought against the hotel by a 64-year-old woman who was injured after she fell in the parking lot coming to the aid of another resident who also had slipped on the ice.⁽¹⁾

The incident occurred in January 2010 when Ruth Janiszak heard cries for help from another hotel resident. Ms. Janiszak ventured out into the parking lot to help the other woman get back to her apartment in the hotel. When that woman realized she had left her car keys in the parking lot, Ms. Janiszak returned to the lot to retrieve them, which is when she herself slipped on the ice. The fall aggravated a minor back problem Ms. Janiszak was suffering, resulting in her being required to undergo major surgery. Per reports, Ms. Janiszak continues to be plagued by mobility issues.⁽¹⁾

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Memorial Day marks the unofficial start of summer – the season that draws many people to the water for recreation. Those whose warm-weather activities include boating should be aware of pending legislation that would increase the penalty for anyone leaving the scene of a boating accident in New Jersey waters. ⁽¹⁾

The proposed change, recently approved by the State Assembly’s Law and Public Safety Committee, would make it a second degree offense to leave the scene of a boating accident if the accident results the death of anyone involved. Second degree offenses are punishable by a prison term of five to ten years and/or up to $150,000 in fines. If the accident results in serious injury, leaving the scene would be considered a third degree crime punishable by three to five years in prison. Additionally, the proposed legislation would increase penalties for failing to assist injured parties at the accident. ⁽¹⁾

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A New Jersey Superior Court judge earlier this month denied a motion for yet another trial in the case of a Sussex County carpenter who was injured in a 2005 elevator mishap as he was leaving work for the day. (1) This would have been the third trial of a lawsuit filed by the carpenter against the elevator maintenance company responsible for the upkeep of the elevator in which the injury occurred. Both previous trials ended in juries awarding multi-million dollar judgments in favor of the injured man.

The accident occurred on August 19, 2005, as Richard Tufaro, the carpenter, was preparing to leave work for the day. He boarded the elevator at Headquarters Plaza in Morristown to get to the lower parking level when the elevator malfunctioned, dropping two-and-a-half floors before coming to an abrupt stop. The force of the sudden stop allegedly threw Mr. Tufaro, who reportedly was wearing a tool belt weighing about 30 pounds and carrying a tool box weighing another 70, into the elevator panel. Testimony at the initial trial revealed that Mr. Tufaro suffered injuries to his neck, back, spine and shoulder as a result of the incident. He reportedly has been unable to work as a carpenter since the accident. (1)

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In the past two weeks, two major explosions occurred in New Jersey and neighboring New York City, resulting in lost lives, numerous injuries and devastating property damage. Both explosions are suspected to be the result of natural gas leaks.

On March 4, an explosion tore through a Ewing, N.J. townhouse complex, killing one resident and injuring seven others. More than 20 units were damaged, leaving their residents displaced. ⁽¹⁾ One week later, on March 12, a similar explosion destroyed two five-story buildings in New York City’s East Harlem section. That explosion left eight people dead and around seventy injured. ⁽²⁾

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This past weekend, thousands of people who couldn’t make it to the Meadowlands held their own Super Bowl parties, but how many gave thought to their responsibilities as host? A number of problems could arise for which a host could be held responsible; some more obvious than others. Among those problems are:

• Slip and fall accidents resulting from weather-related conditions, broken or defective surfaces, insufficient lighting;
• Dog bites, even from animals not known to be aggressive; and
• Injuries or accidents resulting from alcohol consumption. ⁽¹⁾

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Earlier this month, a jury awarded $166 million to a Jersey City boy who was left blind and brain-damaged after a beating inflicted by his father when the boy was just four months old. This is believed to be the largest jury award ever levied against the State’s Division of Youth & Family Services (DYFS), which was found responsible for failing to protect the child from a father with a violent history.⁽¹⁾

In delivering its verdict, the jury awarded $57 million for pain and suffering, calculated based on the fact the child would require care for the rest of his life at an estimated cost of $2,000 per day. An additional $105 million was awarded to pay for anticipated medical costs and needs. Initially, both DYFS and the boy’s father were found responsible for his injuries but, when asked to determine the percentage of the award each should pay, the jury returned with the decision that DYFS was 100% responsible for the monetary award.⁽¹⁾

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Proving liability in a slip and fall injury is sometimes difficult as evidenced by two recent appellate court decisions:

“Bridgewater golf course not liable in alleged slip-and-fall accident, appeals court says”⁽¹⁾

“Appellate court rules employee’s fall should be covered by workers’ compensation”⁽²⁾

The first case involved a suit by a man who was injured in a fall suffered as he walked on a wet, carpeted footbridge at a Bridgewater golf course. The injured man filed suit against both the Somerset County Park Commission and operators of the golf course, claiming they neglected to provide a safe walkway for pedestrians and, therefore, were liable for his injuries. That claim was rejected by a lower court and the victim appealed that decision.⁽¹⁾

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Recent headlines regarding the after effects of head injuries sustained by former professional football players has brought the issue of concussions and youth athletes into the focus once again. Just last week, Hall of Famer Tony Dorsett disclosed that he was suffering from the early stages of a degenerative brain disease – chronic traumatic encephalopathy (CTE), which has been linked to repeated brain injury.⁽¹⁾

Dorsett is the third living pro football player known to be suffering from CTE and was one of thousands of players who filed suit against the National Football League over injuries related to concussions. Those players received a $765 million settlement from that suit this past August.⁽¹⁾

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Although most area schools won’t start classes for another couple of weeks, preseason is in full swing for their fall sports teams. Participation in school sports can benefit our children’s health, self-confidence and social development. That same participation, however, can lead to serious injuries unless necessary precautions and safety guidelines are followed.

According to statistics from the American Academy of Pediatrics and Safe Kids USA/Worldwide:
• more than 30 million children play sports annually;
• over 3.5 million, age 14 and younger, are treated for sports-related injuries; (1)
• 1.35 million student athletes ended up in the emergency room last year; (2)

• most injuries — 62% — occur during practice sessions, not the actual sporting event. (1)

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A NY-standard yield-to-peds sign on Roosevelt Island, New York City. New Jersey drivers are now required to stop and remain stopped for pedestrians in crosswalks. (Photo credit: Wikipedia)

Failure to stop for pedestrians in marked crosswalks may soon result in tougher penalties for some motorists. A panel of the New Jersey Senate recently approved a bill that would increase the penalties for drivers who hit and kill a pedestrian as a result of failing to stop at a crosswalk, moving the bill forward for full Senate consideration. The new bill would carry fines of up to $1,000 and a six-month community service sentence. Additionally, the bill would give judges the ability to sentence drivers to prison for 90 days and/or suspend their driver’s license for up to one year. (1)

Since 2010 motorists in New Jersey have been required to not only stop but to remain stopped for any pedestrian in a marked crosswalk. Current penalties for failure to do so include a fine of $200, fifteen days of community service, two points against a driver’s license and possible insurance surcharges. (2) Prior to 2010, motorists were required only to yield to pedestrians in the crosswalk. The law was changed after the death of Bayonne resident Mary Tait, who was struck by a car trying to pass a slower vehicle and several double parked trucks. (1)