Berkeley Heights Partner Emery Mishky received a favorable jury verdict following a six day jury trial before the Superior Court of New Jersey, Law Division, in Morris County, New Jersey. The premises liability case against Margolis Edelstein’s client, a retail supermarket, involved personal injury to a 42 year old plaintiff who presented an independent eyewitness to her fall (and a shopping companion corroborated the fall) on mashed, smeared, and discolored fruit that had been walked through by others – which she argued indicated that the hazard was present for some time. Plaintiff claimed that she sustained lumbar herniation treated by hospitalization, traction, epidural injections, and surgery for an anterior posterior lumbar fusion with permanent plate and pin fixation. She also underwent arthoscopic knee surgery. The plaintiff claimed approximately $270,000 in unpaid medical bills, and that she was disabled.
Plaintiff’s demand at commencement of trial was $1M. Which was lowered to $635K at the commencement of jury deliberations. Plaintiff rejected an arbitration award of $500K (with ½ of the medical expenses presented at that point). Margolis Edelstein’s client placed $200K on the table through trial and jury deliberations. After 3 hours the jury returned with a verdict of: $162.5K
Emery J. Mishky, Esq.
Certified by the Supreme Court
of New Jersey as a Civil Trial Attorney
Three Hundred Connell Drive
Berkeley Heights, NJ 07922-2775