Stark & Stark Shareholder Bhaveen R. Jani, Esq. has secured a $2 million settlement on behalf of Michael Hutnick, who suffered catastrophic spinal injuries in a trip-and-fall incident at a commercial property in Flemington, New Jersey, in April 2020.
According to the lawsuit, Mr. Hutnick, a retiree, was walking on a paver stone walkway leading to TJ’s Deli at Towne Center on Walter E. Foran Boulevard in Flemington when he tripped and fell due to improperly maintained and hazardous paver stones. The walkway was not installed with proper barriers, which led to vegetation growth between the pavers, which then became separated over time and dangerous to pedestrians. The lawsuit alleges there were no warning signs to alert patrons to the danger. As a result of the incident, Mr. Hutnick sustained severe injuries that required emergency surgery, which has unfortunately left him in a wheelchair.
“This case was about more than just securing compensation, it was about fighting for Michael’s dignity and quality of life,” said Mr. Jani. “No one expects a simple walk to the deli to lead to life-altering consequences, but that’s exactly what happened to Michael. We were determined to hold the responsible parties accountable and ensure he has the resources he needs to live with the care and support he deserves. I’m proud of the work our team did to achieve justice for him.”
Although Mr. Hutnick had a 20-year history of cervical spinal injuries, he was asymptomatic at the time of the incident.
Mr. Hutnick’s lawsuit alleged that the defendants, Flemington Partners LLC and Old York Construction LLC, negligently failed to address the hazardous conditions or warn the public of the danger posed by separated patio pavers. Flemington Partners is the landlord, while Old York handled property maintenance. Through deposition testimony it became evident that Old York had given notice of the dangerous condition to Flemington Partners. Mr. Jani hired a life care plan expert, a neurosurgeon, and an engineer to help prove the case. The matter settled at mediation with retired Judge Thomas Miller.
