Slip & Fall On Ice Nets Plaintiff $2.25M

Cranbury, New Jersey (January 12, 2024) —Plaintiff, Teresa Carr, then 43 years-old, a resident of New Brunswick, New Jersey, slipped and fell on ice when she encountered icy conditions on a walkway entering her workplace. The lease agreement between 1250 So. River Road LLC and Monarch Electric Company, Defendants, provided that the landlord, 1250 So. River Road LLC, was responsible for removal and prevention of snow and ice on the subject premises. 1250 attempted to delegate these duties to snow removal contractor, Custom Care Services, Inc. who failed to do so, causing the fall.

Plaintiff alleged that her employer, Monarch, was as responsible as 1250 and Custom Care, for ensuring a safe walkway for its employees to traverse. Because she was en route to work and therefore not injured in the course of her employment, her claim for Workers’ Compensation benefits were denied. As such, her employer was not entitled to any immunity under the New Jersey Workers’ Compensation Act. All of these defendants had some degree of control and responsibility over the sidewalk.

The fall resulted in significant injuries to Ms. Carr’s entire back, and ultimately led to her undergoing lumbar spine decompression surgery. Defense medical experts, Dr. Jeffrey Lakin and Dr. Steven Lomazow, each opined that Carr’s injuries, including a prior surgery to her spine, were preexisting, and not directly caused by the fall that occurred on March 8, 2018. Plaintiff’s counsel, Daniel Epstein, Esq. and Salomao Nascimento, Esq. of Epstein Ostrove, LLC, argued on Carr’s behalf that the fall was the primary cause of her back injuries.

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The matter was resolved after a two-day binding arbitration proceeding presided over by Judge Hon. Thomas Miller (Ret.). After careful consideration of the written and testimonial evidence presented by the parties, Judge Miller awarded a total amount of $2.25M to Ms. Carr. The case was resolved on January 12, 2024.

“This settlement is a result of years of dedicated work and stands as a testament to our unwavering commitment to Ms. Carr,” said Mr. Epstein. “Through our collective advocacy, Ms. Carr has received the compensation she deserves for the injuries she sustained as a result of this fall,” added Mr. Nascimento.

Mr. Epstein has been selected for inclusion by Super Lawyers® and is a Best Lawyers in America®. He is a member of the Million and Multi-Million Dollar Advocates Forum®.  He has been recently honored with the Mentor award by the New Jersey Law Journal and serves on the Board of Governors for NJAJ and as a Trustee of the Trial Attorneys of New Jersey.

Mr. Nascimento, Esq. has been selected for inclusion in Super Lawyers Rising Stars®. He is a member of the Million and Multi-Million Dollar Advocates Forum®. He was also recognized as the New Leader of the Bar by the New Jersey Law Journal in 2023. His settlements are regularly published in both legal journals and regional periodicals.

Defendants, Monarch Electric Company and 1250 So. River Road, LLC, were represented by Michael T. Kearns, Esq. of Hoagland, Longo, Moran, Dunst & Doukas, LLP. Defendant, Custom Care Services, Inc. was represented by Adam J. Kipnis, Esq. of Goetz, Schenker, Blee & Wiederhorn.

Epstein Ostrove, LLC is a full-service litigation and trial law firm servicing New Jersey and New York. The firm handles personal injury, matrimonial, criminal, and complex commercial litigation. Epstein Ostrove, LLC is located at 200 Metroplex Drive, Suite 304, Edison, New Jersey (732-828-8600). Visit epsteinostrove.com for more information.

As published on the New Jersey Law Journal and NJ.com.