$375,000 Settlement for Injuries Sustained at Bayonne, New Jersey Shop Rite
On May 28, 2010 at approximately 9:27 p.m. a Clark Law Firm client and her sixteen year old daughter were shopping at the ShopRite of Bayonne. As they were walking down aisle fifteen near the fish and sushi area, the client slipped on a wet substance causing her to lose her balance and fall landing on her left knee and then onto her back. Evidence found by the law firm after a vigorous investigation showed the substance came from melting ice on the floor near the ice freezer. Further investigation showed this was an ongoing hazard the store knew about but did not take simple measures to fix it. A photo of the incident scene is above.
The client sustained a comminuted fracture of the patella and tear of the infrapatellar tendon in her left knee. She underwent surgical repair of the patella and tendon on May 30, 2010. She underwent physical therapy and wore a knee brace for about six weeks. She also received a Supartz injection to the left knee in an attempt to restore the cushioning and lubrication properties of normal joint fluid. She was out of her part time work for nine weeks made a wage loss claim. Plaintiff alleged she was unable to clean her home the way she had in the past as she was unable to kneel and could not carry much as before.
A complaint was filed on her behalf by Gerald H. Clark, Esq. of the Clark Law Firm, PC in Belmar, New Jersey in May, 2012 in Hudson County Court. The complaint alleged plaintiff was a business invitee at the Shop Rite of Bayonne and that it had a duty to provide a safe shopping environment. ShopRite failed to meet this obligation by not posting warning signs or clearing the area of any dangerous substances. The Complaint also included a Portee emotional distress claim.
The matter was litigated by Gerald H. Clark, Esq. and William Peck, Esq. of the Clark Law Firm. Peck negotiated a settlement with Shop Rite’s third party insurance administrator in the amount of $375,000 in February, 2015.