In February, Attorney Patrick Flinn of Levinson Axelrod, P.A. successfully secured a $1.2 million verdict for a woman who tripped on an uneven sidewalk while jogging in Union County, resulting in a serious wrist injury and permanent limitations. A few months later, Attorney Flinn and our team are preparing to defend the injured woman’s verdict as it moves to the Appellate Division after the defense filed an appeal.
In the original lawsuit, Judge John Hudak of the Union County Superior Court read the jury’s verdict that described which parties were liable for the slip-and-fall accident and to what extent. According to the verdict, the jury determined that The Lince Group (the owner of the property abutting the uneven sidewalk) was 60% liable, Scotch Plains (the township in which the property was located) was 30% liable, and the woman was 10% liable. Scotch Plains successfully filed a motion for Judge Hudak to then apportion 90% of the liability to Lince Group alone; Judge Hudak explained that the township should not be liable for repairing the uneven sidewalk because it only inspects public sidewalks after receiving a complaint from a member of the general public, but the abutting property owner still had a duty to regularly inspect and maintain the sidewalk in question.
This distinction is where the challenges began that would ultimately lead to an appeal. Defendant Lince Group is hoping to have appellate court determine that they are not responsible for the sidewalk. The trial court held in both pre-trial motions and in rulings during the trial that the property owner is not just responsible for sidewalk between their front door and the street, but for all public sidewalk that abuts their property, regardless of which side of the building it is on. In the appellate filing, The Lince Group reargued that the uneven sidewalk was beyond the property line and alongside a public alleyway, so the township should be responsible for the sidewalk maintenance there.
While the question of premises liability in this specific case is intriguing, Attorney Flinn’s focus will remain on ensuring that the $1.2 million verdict award is upheld for our client. Whether Scotch Plains and Lince Group pay the owed amount ($1.08 million after liability adjustments) together or separately, what is most important is that it is paid. Our entire team will be ready to keep fighting in the appellate court.
You can find out more about this ongoing story by clicking here and reading a full article from the New Jersey Law Journal. For more information about our law firm and the cases we accept, please feel free to fill out an online contact form or call (732) 440-3089 at any time.