$1.2M Verdict for Jogger Is Headed to Appellate Division as Parties Contest Liability for Uneven Sidewalk

A jury in Union County, New Jersey, returned a $1.2 million verdict in a suit by a woman who tripped on an uneven sidewalk while jogging. According to a defense attorney, the case is now headed for the Appellate Division.

Patrick Flinn, a partner with Levinson Axelrod. Courtesy photo

Ellen English was jogging past a commercial property on East 2nd Street in Scotch Plains on July 22, 2019, when she tripped on a raised sidewalk slab abutting a property owned by The Lince Group, according to her attorney, Patrick Flinn of Levinson Axelrod in Edison.

The jury returned a $1.2 million verdict on Feb. 5 after a five-day trial before Judge John G. Hudak in Union County Superior Court. While the gross verdict was $1.2 million, the jury apportioned 60% liability to The Lince Group, 30% to Scotch Plains and 10% to English. On a motion from Scotch Plains, Hudak molded the verdict to apportion 90% of liability to the property owner and 10% to English, bringing her gross recovery to $1.08 million.

The judge said the township is not liable for fixing the sidewalk because it does not inspect public sidewalks except when a member of the public reports a defect, Flinn said.

English suffered a forearm fracture that required open reduction and internal fixation surgery, and a year after the fall she had another operation to remove the hardware, Flinn said. Her medical expert testified that she developed post-traumatic arthritis as a result of the fracture, although a defense medical expert opined that plaintiff had recovered near full function of her wrist and that she would not develop arthritis due to the fracture, according to Flinn.

Union County Superior Court Judge John G. Hudak. Courtesy photo

English sued The Lince Group and Scotch Plains. Evidence produced at trial showed the raised area of sidewalk existed for several years, Flinn said. The Lince Group’s property manager testified that she inspected the property, including the sidewalk, on a regular basis but did not repair the uneven area because she thought it was the responsibility of the township, Flinn said. The property owner and Scotch Plains argued that English was comparatively negligent because she jogged through the area on prior occasions, according to Flinn.

The Lince Group argued that Scotch Plains was obligated to repair the sidewalk because the defect lays outside the property line and because alongside the commercial building is a public alleyway that allows drivers to reach a public parking lot, Flinn said.

The lawyer for The Lince Group, Robert Gunning of Morrison Mahoney in Parsippany, confirmed the verdict and added that his client has appealed the verdict and the apportionment of liability. The lawyer for Scotch Plains, Richard Guss of DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum in Warren, did not return a call about the case.