Case Over Scaffolding Collapse Ends With $4 Million Settlement in Essex

A construction worker who was left severely injured and disabled after falling from a collapsed scaffold agreed to a $4 million settlement in his Essex County suit, Escobar v. Brookdale Apartments, on May 18.

Dixon Eden Arrobo Escobar, now 45, was performing roof repairs at the Brookdale Apartments in Hackensack on Dec. 10, 2015, when he and four other workers fell 20 feet to an asphalt parking lot.

Escobar suffered a traumatic brain injury that affects his memory and hampers his ability to concentrate, said Amos Gern of Star Gern Davison & Rubin in Roseland, who represented the plaintiff along with David Wendel of his firm.

Since the brain injury, Escobar experiences seizures and he is at heightened risk of dementia later in life, Gern said. Escobar is blind in his left eye and has reduced vision in his right eye as a result of the fall, and he required multiple surgeries on his skull and face, Gern said. In addition, he suffered a left knee fracture, which required open reduction and internal fixation, Gern said.

The scaffolding consisted of ladders and platforms, but the ladders were old and in poor condition, and workers did not have safety harnesses, Gern said.

Escobar was an employee of Penn Roofing, which was hired by Brookdale Apartments to make roof repairs. He sued Brookdale as well as  James E. Hanson Management Co., the management company for Brookdale Apartments.

At the time of the accident, Hanson was subject to a contract with Brookdale that made Hanson responsible for supervision of contractors working on the premises. Escobar’s counsel asserted that this provision resulted in Hanson assuming the role of general contractor and safety supervisor for repairs performed on the premises.

Escobar’s counsel asserted that Hanson knew, or should have known, that the jobsite was unsafe because it lacked a fall-protection system with harnesses, and had faulty ladders and scaffolds. Escobar’s counsel claimed Hanson breached his contractual duty to Escobar to act with due diligence when hiring Penn Roofing and supervising its roofing work. Counsel for Hanson, for it’s part, claimed it did not control the means and methods that Penn employed at the site.

Counsel for both sides reached the agreement on May 18 after several months of negotiation, Gern said. A mediation session earlier in the case did not yield results.

Colleen Ready of Margolis Edelstein in Mount Laurel, representing Brookdale and Hanson, didn’t return a call about the case.

— Charles Toutant

$3M Slip-and-Fall Verdict

Fahrer v. McRech Inc: A Camden County jury on Feb. 10 awarded $3.02 million to a woman injured when she fell in an auto dealership lot.

According to counsel, on Aug. 4, 2017, plaintiff Amanda Fahrer, 42, dropped off her truck for a service maintenance at Turnersville Dodge Chrysler Jeep Ram dealership in Turnersville. Fahrer claimed that upon exiting her truck, she stepped in a puddle of water which caused her to slip and fall and land on her left arm.

Fahrer sued the dealership; the management company, Foulke Management Corp.; and property owner, McCall Remi Charlie LLC. She alleged that they were negligent. The puddle of water came off a car that a dealership employee drove through the service area before Fahrer. Fahrer’s counsel argued that the dealership failed to clean up the water and failed to warn Fahrer of the water. Her counsel further asserted that the dealership violated its own policies and procedures.

Fahrer was ultimately diagnosed with complex regional pain syndrome and reflex sympathetic dystrophy. She was put on a nerve medication for her ongoing numbness and tingling. Fahrer was recommended ketamine infusions, but was unable to receive them due to issues with health coverage. She received a series of nerve-block and ganglion-block injections. Fahrer further treated with immunoglobulin therapy, which required a nurse to administer the treatment in her home five days in a row, for three months, which required Fahrer to sit eight hours for each session. Despite the extensive treatment, Fahrer received little no relief. Fahrer began receiving the ketamine infusions in 2021, which she continued to receive at the time of trial.

At trial, Fahrer’s physicians testified that the incident caused her to suffer a permanent condition that requires lifelong treatment. The physicians recommended that Fahrer undergo ketamine infusions for the rest of her life, in addition to medical monitoring and additional pain management. Fahrer’s expert in environmental health and safety testified that the dealership’s floor in the service garage was made of epoxy-coated cement, which is a slippery surface on its own and becomes increasingly slippery when wet.

The defense maintained that Fahrer’s accident was not caused by any negligence on the part of the dealership. The defense also contended that Fahrer was comparatively negligent for the incident. The defense’s engineering expert performed a slip-resistance test on the service garage’s floor three and a half year post-accident. The expert opined that the floor’s was not slippery.

In her testimony, Fahrer discussed how her relationship with her four daughters and five grandchildren have changed. She can no longer be affectionate with her family as she used to, since her skin is so sensitive.

Fahrer sought to recover $1.3 million to $1.4 million in future medical costs, plus damages for past and future pain and suffering.

The defense’s expert in neurology testified that Fahrer does not suffer from complex regional pain syndrome or reflex sympathetic dystrophy, and that she had been misdiagnosed and treated incorrectly. Fahrer’s symptoms more likely resemble fibromyalgia, the expert said.

At trial before Superior Court Judge Michael Kassel, the jury on Feb. 10 found that the dealership was negligent and its negligence was a factual cause of injury. The jury found that Fahrer was not comparatively negligent. The jury determined that the Fahrers would receive $3.02 million.

Fahrer was awarded $1.4 million for future medical costs and $1.5 million for pain and suffering. Her husband, Todd Fahrer, was awarded $122,500 for loss of consortium.

The plaintiffs were represented by Paul A. Sochanchak and Andrew J. Van Wagner of Lundy Law in Philadelphia.

The defendants were represented by William C. Mead of Freeman Mathis & Gary in Cherry Hill.

*Editor’s Comment: This report is based on information that was provided by plaintiffs’ and defense counsel.

— Aaron Jenkins (adapted from VerdictSearch)