A 52 year old resident of Butler, NJ, settled his personal injury lawsuit prior to a jury’s deliberations on February 26, 2015 for $600,000. Plaintiff, Brian Bergen, sustained significant injuries to his brain following a fall down an interior stairwell of his apartment. Bergen, a tenant, alleged that on the morning of June 18, 2009 he lost his balance and attempted to use the handrail which then pulled from the wall causing him to fall down the stairs. It was alleged by Bergen’s lawyers, Jack Wurgaft and David L. Wikstrom of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins in Springfield, New Jersey, the landlord, Joseph Montemorano, negligently installed and maintained the handrail by failing to properly anchor the screws of the handrail into studs. Following the fall, Bergen remained unconscious at the bottom of the stairs for 36 hours before he was discovered. Bergen sustained a traumatic brain injury which manifested itself in a significant drop foot limitation. The matter was tried before the Honorable James Coburn for a week and resolved just prior to jury deliberations.
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