Lowe's Home Improvement Warehouse. – Helen89/Shutterstock.com

A woman who was injured after tripping and falling over a power cord at a Lowe's store has settled her federal case against the retailer and two other companies, Schultz v. Lowe's Home Centers LLC, for $4 million on Feb. 14.

Plaintiff Brenda Schultz sued Lowe's, it's affiliate Sungevity Inc., National Tour Integrated Resources Inc. after tripping on a cord connected to a mobile marketing display for solar panel systems outside of the Lowe's store in Turnersville.

According to settlement documents, Lowe's agreed to pay $1 million, National Tour agreed to pay $2 million, and Sungevity agreed to pay $1 million. The plaintiff is represented by Matthew Mendelsohn and David Mazie of Mazie Slater Katz & Freeman.

The fall occurred on May 29, 2016, at the Lowe's store in Turnersville, when Schultz tripped over a power cord outside the store. The cord ran from a popcorn machine set up next to a marketing van belonging to Sungevity, a now-defunct solar electricity company partially owned by Lowe's, that was promoting its services at the store that day, Mendelsohn said. The extension cord ran across the store's entrance, he noted.

Mendelsohn said the case settled before pre-trial workup. "This is an outstanding result in a difficult case," Mendelsohn said. "We are very happy that Ms. Schultz got the compensation she deserves and can now move on with the rest of her life."

Thomas Crino of Goldberg Segalla represents Lowe's; Richard Bryan of Cipriani & Werner represents National Tour; Paul Soderman represents Sungevity. None responded to requests for comment.

"As a result of the fall, plaintiff injured her right wrist and elbow, including fracturing the head of the left radius. Unfortunately, as a result of these injuries, plaintiff developed severe Chronic Regional Pain Syndrome ("CRPS") that subsequently spread to other parts of her body," the plaintiff's mediation memorandum said.

"CRPS, formerly referred to as Reflex Sympathetic Dystrophy ("RSD"), is a condition that causes severe neuropathic pain and other life-changing symptoms," it continued. "Ms. Schultz's CRPS has resulted in severe, unremitting pain in her arms, legs and face. The pain she describes is 'burning' and '[i]t is like crushing, like if somebody grabbed your wrist and just started to squeeze.' Ms. Schultz also described a hypersensitivity that is always present in her face and anything that touches it causes serve pain."

Schultz claimed she also sustained psychological injuries as a result of the incident.

"As a result of the severe, chronic pain that results from the CRPS, as well as the resulting inability to perform activities of daily living, plaintiff has developed significant psychological issues, including severe depression and anxiety," the memorandum said.

— P.J, D'Annunzio

No-Cause in Middlesex Auto Case

Ofosu-Adoo v. Dalcero-Macor: A Middlesex County jury delivered a defense verdict on Feb. 14 in a case in which a woman claimed she was injured in a rear-end accident.

According to counsel, on March 16, 2017, plaintiff Victoria Ofosu-Adoo, 38, was driving a sport utility vehicle south on Route 130, in Cranberry Township. A sedan rear-ended her vehicle. Ofosu-Adoo claimed neck and back injuries. Ofosu-Adoo sued the driver, Crystal Dalcero-Macur. She alleged that Dalcero-Macur was negligent in the operation of a vehicle. Dalcero-Macur stipulated to liability, and the case was tried on the issues of causation and damages.

Ofosu-Adoo was diagnosed with herniations at C3-4, C4-5 and C5-6, and with bulging at L4-5. She was treated with massages and spinal manipulation, and an epidural injection to her cervical spine. Ofosu-Adoo's experts attributed her neck injuries and treatment, but not her back injuries, to the accident. The experts opined that Ofosu-Adoo's herniations were permanent in nature. She testified that she continues to suffer occasional pain in her neck and lower back, and that she has difficulty sitting for long periods. She sought damages for past and future pain and suffering.

The defense's expert testified that Ofosu-Adoo's imaging studies showed no evidence of a traumatic injury, let alone a permanent one. The defense argued that Ofosu-Adoo's expert report and trial testimony were contradictory. The defense further noted that Ofosu-Adoo was involved in a 2012 pedestrian accident in which she suffered neck injuries.

The plaintiff demanded the defendant's coverage limit of $250,000. The defendant was insured by State Farm Insurance Cos.

After a four-day trial before Judge Christopher D. Rafano, The jury rendered a defense verdict. It found that Ofosu-Adoo's injuries were not permanent within the meaning of the verbal tort threshold.

The defendant was represented by James D. Blumenthal of Bennett, Bricklin & Saltzburg. The plaintiff was represented by Raul I. Gonzalez of Wysoker, Glassner, Weingartner, Gonzalez, and Lockspeiser.

*Editor's Comment: This report is based on information that was provided by defense counsel. Plaintiff's counsel did not respond to the reporter's phone calls.

— Adapted from VerdictSearch, reported by Aaron Jenkins