Trial News

While walking on a sidewalk adjacent to a car wash in downtown Newark, N.J., Evon Thomas, 70, tripped on two uneven sidewalk slabs. She fell forward, fracturing her right arm and injuring her neck. She required surgery on her arm and a cervical injection and now suffers from pain and limited range of motion. She also has scarring and post-traumatic arthritis. Her medical expenses were approximately $30,000.

Thomas sued the car wash, alleging it breached a state law requiring commercial property owners to maintain the sidewalks around their businesses. The plaintiff argued that there was over a one-inch height difference between the sidewalk slabs and that there had been a previous fall on another section of sidewalk near the car wash.

The defendant stipulated as to liability. The parties then settled for $500,000.

Citation: Thomas v. 378-392 Washington St. Carwash Inc., No. ESX-L-5214-16 (N.J. Super. Ct. Essex Cnty. Aug. 31, 2018).

Plaintiff counsel: Angelo S. Catanzariti, Clifton, N.J.

Plaintiff expert: Michael Natoli, engineering, Totowa, N.J.