Woman slips on sidewalk: Failure to inspect and maintain: Spinal injuries: Settlement

Law Reporter, Mar 2003

Selementi v. Burger King, N.J., Monmouth County Super. Ct., Law Div., No. 2390-98, June 10, 2002.

Selementi, 45, was walking on a sidewalk in front of a Burger King when she slipped on a milkshake-like substance and fell. She suffered a cervical disk herniation at C6-7 and a lumbar disk herniation at L3-4, causing radiculopathy. Her past medical expenses totaled $20,200, and she may need surgery in the future. A telecommunications consultant earning $825 weekly, plus commissions, Selementi suffered lost income of about $11,400 during the first year after her injury.

Selementi sued Burger King, alleging failure to properly inspect and maintain the area outside its store. Defendant argued it lacked notice of a spill and it had followed adequate inspection and cleaning procedures.

The parties settled before trial for $250,000. Plaintiff's experts were Cary D. Glastein, orthopedics, Tinton Falls, N.J.; Bill Julio, safety, Clayton, N.J.; Steve Miller, vocational rehabilitation, Dayton, N.J.; and Richard L. Ruth, economics, Warren, N.J. Defendant's experts were lain Blair Fries, orthopedics, Brick, N.J.; and Robert Sica, vocational rehabilitation, Neptune, N.J.

Plaintiff's Counsel

*Samuel J. Vacchiano, Red Bank, N.J.