$590,000 for Slip and Fall in Icy Parking Lot

Badilla v. Millwater: A woman who sustained ankle fractures requiring multiple surgeries when she fell on ice leaving work was paid $590,000 by the property owner to settle her Union County lawsuit.

In February 2014, Donna Badilla, then 48, was leaving the office building where she worked, at 945 Lincoln Ave. in Cranford, where she was employed by one of the building’s tenants.

Around midday, Badilla exited the back of the building and proceeded through the parking lot toward her vehicle when she slipped on ice and fell.

The suit named the property owner/landlord as a defendant.

Badilla received emergency care for an ankle fracture and she subsequently underwent six surgeries, including internal fixation, implantation and removal of hardware, and treatment of a nonunion involving the tibia.

Badilla had not returned to work as of the settlement date, Jan. 13. and, according to her surgeon, would be able to return to work only on a part-time basis. The suit sought damages for lost wages, and pain and suffering.

A plaintiff engineering expert contended that the parking lot was in an unsafe condition because of the ice—which, the suit claimed, was still present in early afternoon.

The defense contended that Badilla’s own negligence contributed to the fall, that she should be able to return to full-time work, and that her smoking contributed to the medical complications and the number of procedures necessary.

The matter settled in advance of the Jan. 23, 2017, trial date, during mediation.

Full article originally published in the June 2, 2017 New Jersey Law Journal