Plaintiff, 37 year old female, was cleaning the basement of a retail store in Manhattan when a shelf suddenly fell and struck her on the head, neck and shoulder causing her to fall. As a result of the accident plaintiff complained of neck, back and left shoulder pain. Plaintiff was taken by ambulance to the emergency room and was treated and released. Following the accident plaintiff began a course of physical therapy and ultimately underwent surgery to her neck, back and left shoulder.
Defendants claimed that plaintiff was not struck by the subject shelf, she did not fall and that the accident was unwitnessed. Defendants also claimed that all of plaintiff’s injuries were degenerative in nature and not caused by the alleged incident. Defendants also claimed that plaintiff suffered no objective orthopedic or neurological deficits as a result of the accident.
Judd F. Kleeger, Partner, settled this matter while the case was on the trial calendar.
The names of the parties are not identified as this matter was settled pursuant to a confidentiality agreement.