NJ Appeals Court Affirms $4 Million Slip-and-Fall Award Obtained by The Colleran Law Firm

    TRENTON, NJ, September 16, 2015 /24-7PressRelease/ -- Philadelphia personal injury lawyer David Colleran has had a $4 million verdict in a slip-and-fall injury case upheld by a New Jersey appeals court.

The defendant in the case, Bacharach Institute for Rehabilitation (BIR), asked the court to reduce the value of the $4 million jury award to $250,000. That appeal was not successful, according to the New Jersey Law Journal.

A three judge panel concluded there was no valid legal reason to change the original verdict. The Appeals Court issued the decision on August 6, 2015. "The appellate court reached the correct decision," Mr. Colleran is quoted as saying. "We thought the case had a clean trial record."

Carolyn Costera, of Galloway, NJ, fell and was injured on February 9, 2010, while walking to her job as teacher for a nursing class at the BIR. She alleged that the facility had acted in a negligent manner by failing to ensure that the sidewalks around the institute were kept free of ice. In her lawsuit she alleged those icy sidewalks posed a hazard to those walking in the area.

The defense lawyers representing the BIR, in the original trial, had argued that the victim should be held partially liable, as Ms. Costera should have noticed that there was ice present. The injuries she sustained were significant, and required seven surgeries and a fusion procedure to date.

Ms. Kostera continues to suffer pain and has limited mobility. She has been unable to return to her employment as a nursing instructor for Atlantic Cape Community College.

The BIR was found to be 100 percent liable by a jury, which awarded the $4 million verdict that was upheld on appeal. The original award was listed as one of the Top 20 Jury Awards of 2013 by the New Jersey Law Journal. The award reflected estimated lost wages of between $536,000 and $812,000, and future estimated medical expenses that could be as high $2 million.

The appeal hinged on whether Ms. Kostera was a direct beneficiary of the charitable purposes of the BIR. The appeals court ruled that she was not, and was only present on the property because the Atlantic Cape Community College contracted to hold nursing classes at the facility.

The Colleran Firm is primarily a medical malpractice law firm that also handles personal injury cases. The firm is based in Philadelphia, and serves clients in both Pennsylvania and New Jersey. The trial attorneys at The Colleran Firm have consistently ranked among Philadelphia's top 100 lawyers as rated by Philadelphia Magazine since 2004. For more information, see the firm's website at www.colleran.com.

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