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Slip and fall near self serve soft drink dispenser at fast food restaurant - ACL tear - Meniscal tear to other knee diagnosed several months later.

Middlesex County, NJ

The plaintiff in her 40s contended that she slipped and fell on a liquid substance that was on the floor next to the self-serve soft drink dispenser. The defendant denied notice of any condition and the plaintiff would have contended that in view of the manner in which the defendant chose to do business, such a spill was especially likely and the plaintiff should not be required to establish notice.

The plaintiff would have also introduced a video of the actual accident occurring which plaintiff would have also contended showed before accident lack of maintenance of the area before the accident occurred.

The plaintiff maintained that she suffered a tear of the ACL that required arthroscopic surgery. The plaintiff contended that despite the procedure, she will suffer permanent pain and an altered gait.

The plaintiff also contended that a tear of the medial meniscus, that was diagnosed several months later, and which also required an arthroscopy, was causally related to the incident.

The defendant denied that the meniscal tear was so related. The plaintiff would have countered that because of the need to address the more severe pain from the ACL tear, she did not initially notice the pain in the other knee. The plaintiff would have also argued that the additional stress associated with favoring the leg after the ACL tear gradually rendered the condition of the other knee more severe.

The plaintiff made no income claims.

The case settled prior to trial for $146,000

REFERENCE

Plaintiff's engineering expert: Wayne Nolte from Hazlet, NJ. Plaintiff's orthopedic expert: Jonathan Pine.

Attorney for plaintiff : Mitchell H. Portnoi of Prince & Portnoi,PC in Clark, NJ.
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