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Mobile, Alabama Personal Injury Lawyer Blog | Long & Waite
Thursday, February 25, 2010
$10.3 Million Premises Liability Award
In July 2008, one Michael Hess was on an elevated walkway in a Springfield, N.J. shopping plaza. He leaned against a metal railing, which gave way, and he fell four feet to the pavement underneath. He sustained three fractured vertebrae, a dislocated shoulder, and loss of hearing on one side. He had hit his head on the pavement and suffered from disorientation, behavior problems and loss of urination control.
In repairing his vertebrae, metal plates had to be implanted and his shoulder required surgery for correction. His MRI films revealed no bleeding in the brain, but his mental problems were attributed to a closed-head injury. He has since had to retire from his job of warehouseman.
Hess sued the shopping plaza owner, Paragano Properties in New Jersey in a premises liability suit. His lawyer, one Raymond Gill Jr., requested a restraining order to prevent Paragano from repairing the broken railing, so that it would be available as evidence. However, he lost and Paragano repaired it, no doubt for the safety of other shoppers.
Yesterday, the claim was mediated and settled without being argued to a jury. Hess was awarded $10.3 million for his medical costs, lost wages, and pain and suffering.
Brain injuries are among the most disabling and can completely disable a person, depending on the location and severity of the injury. A closed brain injury is one where the skull is not penetrated. The brain can be injured by being slammed against the inside surface of the skull, as can happen with a whiplash injury. If there is no bleeding in the brain, the injury is less severe, though brain tissue may still be bruised and nerves damaged.
If you have a loved one who suffered a brain injury because of another person's negligence, please contact us for a free case evaluation. You can ask your questions and receive clear answers and sound legal advice.
posted by
JennyK
at
11:30 AM
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