New Jersey Verdicts

Plaintiff(s):

Camille Lark (Female, 47 Years)

Plaintiff Attorney(s):

John Gagnon;
Rabb Hamill, P.A.;
for
Camille Lark

Plaintiff Expert(s):

Didier Demesmin; M.D.; Pain Management; Somerset,
NJ called by:
John Gagnon

Defendant(s):

Stop & Shop, 

Vliet 27 LLC

Defense Attorney(s):

Andrew Lusskin;
Braff, Harris, Sukoneck & Maloof;
Livingston,
NJ,
for
Stop & Shop, Vliet 27 LLC

Defendant Expert(s):

Steven Fried;
Orthopedics;
New Brunswick,
NJ called by:
Andrew Lusskin

On July 22, 2015, plaintiff Camille Lark, 47, a payment coordinator, was shopping at a Stop & Shop grocery store in Franklin Park. As she was walking by self-serve freezers containing bags of ice, she slipped on a puddle of water. She claimed injuries to her neck, right shoulder and left knee. At non-binding arbitration Lark was awarded $49,000, which Stop & Shop rejected. Lark sued Stop & Shop, alleging it was negligent in maintaining the premises by allowing water to collect on the floor, creating a dangerous condition. She also sued building owner Vliet 27 LLC, but the company was dismissed after it was determined it was not responsible for the premises. Counsel for Lark argued that the “mode of operation” doctrine applied to the self-serve area. The doctrine imputes notice of an alleged dangerous condition to a business without the plaintiff having to show it had actual notice. Since the freezers were a self-serve area, it was foreseeable that ice and water would fall onto the floor when bags were retrieved by customers or employees, counsel claimed. Counsel also asserted that the store failed to exercise reasonable care to protect against the danger that the self-service operation could create. Counsel for Stop & Shop pointed out that the store had a program known as “Clean Sweep,” in which an employee walks the entire store once an hour to check for spills or hazards. The employee scans barcodes placed around the store as they make their rounds, as proof that the area was checked and is clear. The area where Lark fell had been checked 20 minutes earlier and there was no puddle, according to store records. Counsel also stated that store policy was to keep a non-slip mat in front of the freezers, to protect customers from ice or water that may fall on the floor. If there was a puddle, Lark was comparatively negligent in failing to notice and avoid the water. Lark disputed the adequacy of the store’s inspections performed pursuant to the “Clean Sweep” program and also claimed there was not a nonslip mat placed in front of the freezers at the time she fell.

Later on the day of the accident, Lark went to Robert Wood Johnson University Hospital, in New Brunswick, complaining of pain in her right (dominant) arm and shoulder and in her left knee. X-rays were negative for fractures, and she was given pain medication and discharged. Bruises on Lark’s arm, shoulder and knee resolved without treatment. About two weeks after her accident, she followed up with a physical therapist at Sall Myers Medical Associates because of neck and back pain. She went to physical therapy two to three times a week through May 2016, but had a four-month gap in therapy from October 2015 to February 2016. In February 2016, an MRI revealed herniations at cervical intervertebral discs C2-3 and C5-6 and bulges at C3-4, C4-5 and C6-7. In September 2016, Lark began seeing a pain management specialist. Two months later, the specialist administered a round of epidural injections of a steroid-based painkiller to her cervical spine. The specialist testified by video deposition that Lark’s injuries were causally related to her slip at the supermarket and are permanent. The doctor based his opinion on a review of her MRI films, her treatment and the time at which she reported the onset of pain. Lark said she has ongoing pain and discomfort in her neck which affects her daily activities, causes difficulty sleeping and makes sitting for extended periods at her desk uncomfortable. She sought damages for past and future pain and suffering. An expert orthopedist for Stop & Shop who examined Lark and her medical records said her MRIs showed degenerative changes to her cervical spine and her injuries were not caused by her accident.

The jury found that Stop & Shop was liable for Lark’s injuries and awarded her $125,000 for pain and suffering. The parties stipulated that if the jury rendered a plaintiff’s verdict, Lark would also be awarded $10,750 for past medical costs, which brought her total award to $135,750.

Camille Lark: $10,750 Personal Injury: Past Medical Cost; $125,000 Personal Injury: pain and suffering

Actual Award:

$135,750

Judge:

Thomas J. Buck

Trial Length:

4
 days

Jury Vote:

6-0

This report is based on information provided by plaintiff’s and defense counsel.