A Middlesex County jury on Oct. 29 awarded $1 million in the case of a woman who sustained knee, hip and spinal injuries during a fall at a BJ's Wholesale Club. The jury's apportionment of fault to the plaintiff reduced the net verdict to $850,000 in the case, Gaguancela v. BJ's Wholesale Club Inc.

According to court documents and counsel, on June 27, 2016, plaintiff Norma Gaguancela was shopping at a BJ's location on Route 17 North in East Rutherford when she slipped and fell on a wet floor in the frozen food section. She was hospitalized with right hip and knee pain, and a month later visited a chiropractor she had first seen following a June 2013 auto accident, according to her lawyer, Paul Caliendo of Gill & Chamas in Woodbridge, who said Gaguancela sustained several injuries in the fall: meniscus and cartilage damage in the right knee, tears in the right hip and shoulder, ankle sprain, and disc bulges and herniations at the lumbar level. Her treatments included knee and ankle surgery, Caliendo said.

Gaguancela, currently 64, stopped working as a bus driver in 2016 as a result of her injuries, she alleged. The suit claimed $230,000 in medical bills and $122,000 in past and future lost wages, according to Caliendo. The suit named BJ's as well as Nick Segedin, a manager on duty at the East Rutherford store on the night of the incident.

The suit alleged that a broken water pipe caused water to accumulate on the floor, leading to the fall.

BJ's contended that the plaintiff failed to demonstrate actual or constructive notice that there was a broken pipe or a dangerous condition, according to court documents.

The defense also contended that Gaguancela had a preexisting medical condition to which her injuries were attributable, Caliendo said.

The fall occurred in a Bergen County store, but the suit was venued in Middlesex based on BJ's doing business in that county, Caliendo said.

The eight-member jury on Oct. 29 unanimously found that BJ's and Segedin were negligent and proximately caused the accident by their negligence, according to court documents. The panel by a 7-1 vote apportioned 65% of the fault to BJ's, 20% to Segedin and 15% to Gaguancela. The panel, also by a 7-1 vote, awarded $175,000 for pain and suffering; $230,000 for past medical expenses; $200,000 for future medical expenses; $65,000 for past lost wages; $105,000 for future lost wages; and $225,000 for loss of services. The sum was reduced to $850,000 to account for the plaintiff's negligence.

The jury, according to Caliendo, deliberated for four and a half days in the trial, which was before Middlesex County Superior Court Judge Christopher Rafano.

Lead counsel for the defendants, John Wutz of Chartwell Law in Philadelphia, didn't return a call about the case. Brian Searls of the same firm, who also represented the defendants, declined to comment.

— David Gialanella

$950K for Apartment Complex Fall

Sullivan v. Gagliostro: A woman who developed a flesh-eating virus after injuring her hand in a fall outside her apartment building agreed to a $950,000 settlement in her Essex County suit on Oct. 9.

Casey Sullivan tripped and fell on broken pavement in the parking area of an apartment building at 22 Seymour St. in Montclair in October 2016. She was not injured except for several small fragments of blacktop that became embedded in her right hand after the accident, prompting her to wash her hand with sterile solution, said her lawyer, John Molinari of Blume Forte Fried Zerres & Molinari in Chatham. But 24 hours after falling, the hand turned red, and Sullivan, now 36, developed headaches and pain. She visited a hospital emergency room and was diagnosed with necrotizing fasciitis, an infection that causes death to parts of the body's soft tissue.

Sullivan, who was at risk of losing all or part of the hand, underwent eight operations over the following year. The operations resolved infection, but the function and appearance of her hand are severely compromised, and she has been unable to work since shortly after the accident, said Molinari.

She filed suit against RL Palmi LLC of Clifton, the owner of the apartment building, and its principal, Rocco Gagliostro.

Two experts for the plaintiff said the infection likely occurred when the fragments of blacktop caused small cuts in the hand and allowed a substance to enter her bloodstream, according to Molinari. One expert for the defendants agreed with the plaintiff's experts, while another defense expert disputed that account, said Molinari.

The $950,000 settlement was reached after mediation with former Superior Court Judge Dennis Carey III, who is now with Tompkins, McGuire, Wachenfeld & Barry in Roseland. Gaglistro and RL Palmi LLC, who had $1 million in insurance coverage, are both parties to the settlement.

Thomas Coffey of Donnelly, Minter & Kelly in Morristown, who represented Gagliostro and RL Palmi LLC, confirmed the settlement.

— Charles Toutant