Heymann & Fletcher
April 05, 2021

Recent Successful Settlement in Personal Injury

Practice Area: Decisions | Tag:

Settlement- $350,000

Case Linda Posilkin and Robert Posilkin v. Amelia's Bistro, Liberty Pointe Condominium Association, Corner Property Management, Liberty Point Restaurant, LLC and Tag Acquisition, LLC, No. HUD-L-000878-19

Court- Hudson County Superior Court

Plaintiff Attorney(s)

            Ronald S. Heymann, Heymann & Fletcher, Mount Freedom, NJ

Defense Attorney(s)

            Edward F. Ryan, O'Toole Scrivo, LLC, Cedar Grove, NJ (Corner Property Management, Liberty Pointe Condominium Association)

            Michael K. Willison, Dickie, McCamey & Chilcote, P.C., Haddonfield, NJ (Liberty Point Restaurant, LLC, Tag Acquisition, LLC, Amelia's Bistro)

Facts & Allegations

On July 28, 2018, plaintiff Linda Posilkin, 70, was walking on a sidewalk at 187 Warren St., in Jersey City. Posilkin claimed that her foot came into contact with a raised concrete slab, causing her to fall. She suffered a fracture to her femur.

Posilkin sued the owner of the property, Tag Acquisition LLC; its property manager, Corner Property Management; and its tenants, Amelia's Bistro, Liberty Pointe Condominium Association, and Liberty Point Restaurant LLC. The lawsuit alleged that the defendants were negligent for allowing a dangerous condition to exist. During court-mandated arbitration, Amelia's Bistro was found 50 percent liable, Liberty Pointe/Corner Property was found 20 percent liable and Posilkin was found 30 percent liable. Posilkin was determined to receive $600,000, which was accordingly reduced to $420,000.

In his report, Posilkin's expert in architecture opined that there was a difference in elevation of one inch between the concrete slabs, which was a violation of building and construction codes.

Posilkin's counsel asserted that the defendants had notice of the height differential since at least 2016, as evidenced in text messages among the companies.

The defense maintained that no dangerous condition existed. The defense contended that Posilkin was comparatively negligent for not paying attention to where she was walking.

Injuries/Damages

fracture, femur; fracture, leg; open reduction; internal fixation; pins/rods/screws; hardware implanted; physical therapy; scar and/or disfigurement, leg; leg, shortened

Posilkin was taken by ambulance to a hospital and admitted. She was diagnosed with a fracture of the right femur. On July 29, 2018, she underwent an open reduction and internal fixation in which rods and screws were implanted. Posilkin was then discharged home. Through 2019, she underwent extensive physical therapy. In October 2019, she underwent another surgery to remove and modify the surgical hardware. Following the surgery, Posilkin treated with a brief course of physical therapy, and received no further treatment thereafter.

In his report, Posilkin's expert in orthopedic surgery opined that the surgery shortened her leg by 1.5 centimeters. According to the expert, the injury significantly impacted her activities of running and biking, which Posilkin can no longer do, and she may need future medical treatment.

Posilkin alleged she has permanent scarring and walks with an impaired gait. She sought damages for past and future pain and suffering. Her husband sought damages for his claim for loss of consortium.

The defense's expert in orthopedic surgery, in his report, opined that Posilkin reached maximum medical benefit and requires no future treatment.

Result

The parties negotiated a pretrial settlement. The insurer for Amelia's Bistro, Liberty Point Restaurant LLC and Tag Acquisition LLC agreed to pay $175,000, and the insurer for Liberty Point Condominium Association and Corner Property Management agreed to pay $175,000.