Trial Magazine

Jeffrey Fogarty, 53, ran Fogarty Brothers, a piano moving company that leased space at a property owned by SL Park Place. He stepped from the freight elevator at the Fogarty Brothers warehouse and fell eight feet to the bottom of the pit. He required six surgeries to treat his injuries, which included an intracranial bleed, spine and rib fractures, and torn knee ligaments. He has been diagnosed as having a traumatic brain injury, resulting in cognitive impairment. Fogarty is unable to return to work.

He sued SL Park Place, LLC, and Clifton Elevator Service Co., the company SL Park Place contracted with to maintain the elevator, alleging negligent maintenance. His medical expenses were approximately $988,900. The plaintiff also claimed approximately $1.8 million in future lost income.

The defense argued that there was no notice of the elevator malfunction.

The parties settled for $8 million.

Citation: Fogarty v. SL Park Place, LLC, No. MRS-L-786-20 (N.J. Super. Ct. Morris Cnty. Oct. 3, 2023).

Plaintiff counsel: Bruce H. Nagel and Michael J. Paragano, both of Roseland, N.J.