David Wendel and Amos Gern settled a 2018 slip and fall premises accident for a 63-year old Teaneck resident for $325,000, shortly before the case was scheduled for court-mandated Arbitration

February, 2022 – Our 63-year old client fell on clear ice in a commercial parking lot, on March 16, 2018, re-injuring a shoulder which had undergone major reconstruction, in a reverse total shoulder operation only one month before. X-rays taken the day of the accident of his right humerus showed a periprosthetic humeral shaft fracture.  His surgeon recommended an emergent open reduction and internal fixation (“ORIF”) within the next few days and advised that he needed to evaluate the stability of the prosthesis previously put in place, but would most likely need a revision, which had to be done. In addition to the permanency of his shoulder injury, the plaintiff sustained significant depression associated with his inability to continue as a golf pro and instructor, which defined his persona. As a younger man, our client had competed locally, regionally, nationally and internationally, in tournaments representing the United States. He won numerous championships in the State of New Jersey, and in the Mid-Atlantic region, and stayed involved in the sport, giving lessons. It became necessary to hire multiple experts to develop this litigation, including a shoulder surgeon, a psychiatrist, an engineer/premises expert, and a weather consultant. Unfortunately, before the case could be mediated, our client died in an unrelated incident, while on vacation in Italy, significantly limiting the recovery for the case.

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