$450,000 RECOVERY for Plaintiff crane mechanic steps in hole next to sewer drain that is obscured by grass in commercial parking area and leg enters up to knee – Meniscal tear – Knee replacement ultimately needed
Monmouth County, NJ – The plaintiff crane mechanic in his 40s contended that as he visited the area to service a crane owned by one of the defendants, he stepped into a hole that was directly next to a sewer drain and which the plaintiff maintained was obscured by grass. The property was owned by the defendant commercial landlord, and leased by the abutting the defendant commercial tenant. The plaintiff also maintained that the crane owner owed a duty to the plaintiff who was asked to visit to service its crane.
The plaintiff contended that he sustained a tear of the medial meniscus and that the condition continued to deteriorate despite arthroscopic surgery. The plaintiff maintained that ultimately, he needed partial knee replacement surgery. The operation was performed approximately three years after the incident.
The plaintiff missed several months from work after the accident and after the surgery, but eventually returned to full time work. The defendants denied that the need for the knee replacement was related to the incident.
The case settled prior to trial for $450,000. Complicating factors in the case included indemnification agreements among the three defendants and insurance coverage issues.
De Los Santos vs. MD–1, LLC, et als. Docket no. MON-L-2809-12, 06-5-15.
Attorney for plaintiff : Randolph H. Wolf of theWolf Law in Red Bank, NJ.