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$1.5 Million Dollars to Settle Negligence Case

Nov 11, 2011 @ 10 : 03 am

National department store agrees to pay boy and his family $1.5 million dollars to settle negligence case.

A 7 year old boy via his paternal guardians agreed to settle their claims of negligence against a national department store for $1.5 million dollars.  The settlement was approved by Federal Magistrate Judge Esther Salas on September 20, 2011.

The incident occurred on October 26, 2009 when the infant child, his parents and sister were all riding on an escalator within the department store and the boy’s right pant leg and foot became caught at the mouth of the top of the escalator.  The escalator continued to run pulling and tearing at the boy’s foot and ankle while his parents and bystanders attempted to free the child to no avail.

The plaintiffs claimed the escalator was improperly maintained and in a defective condition on the date of the incident which should have led the store to shut the escalator down and close it off to the public.  There was evidence uncovered by the plaintiffs that there were broken and missing pieces to the top of the escalator that caused the accident and the store was aware of the defects with enough time to close the escalator and prevent anyone from getting hurt.

The boy suffered traumatic crush injuries to his right foot and severe scarring to the foot as well. He treated at Robert Wood Johnson Hospital for several weeks after having undergone surgery to repair the foot with skins grafting.  Following treatment the infant plaintiff was released back to full activity so long as could be tolerated. Future surgery could be required as the boy grows.

The matter was mediated before the Honorable Jack Lintner on July 7, 2011.

Plaintiffs attorney: John M. Vlasac Jr., of Vlasac & Shmaruk, in Metuchen, NJ

Defense counsel: Michael Marone and Robert Moskow of McElroy, Deutsch, Mulvaney & Carpenter in Morristown.

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  • Avatar I P ★★★★★ 7 months ago
    I can’t say enough about Vlasac & Shmaruk LLC and their commitment to providing the best service to their clients. Yelena Delgado made the process seamless and was always available for any questions or concerns. I felt like family every … More step of the way and not one of my questions went unanswered no matter what time of day I reached out. If you are looking for outstanding service, commitment to clients and an unmatched level of legal knowledge look no further than Vlasac & Shmaruk LLC!
  • Avatar Yanina May ★★★★★ 2 weeks ago
    About 4 months ago my wife got a job that came with housing. After going over all details and making plans for about 4 months prior to moving with management we packed up our whole lives, our pets, dropped some side jobs we had, and moved … More to the property where the job was located. After a few weeks things started getting very strange with management and "team" and after 2 full months everything that was planned in detail prior to moving to this property fell apart. After trying to discuss in person with management and then trying to discuss through email with management my wife was fired and we were given 5 days to pack up and leave the property. We had to start our lives over again. We immediately contacted Vlasac & Shmaruk LLC and worked with Ryan Getz & David Cassidy who are absolutely incredible at what they do! They were able to help us get off the property in a reasonable way and receive a settlement for all trouble caused by this "business". This was an incredibly stressful and scary situation but David and Ryan stayed in contact with us, were extremely patient, professional, soothing and just overly fantastic. If you are having any type of issue with an employement situation and being treated unfairly I highly recommend working with Ryan & David! I am so thankful they were able to take our case and help us through that mess. This was our first time having to hire legal help and I am just so grateful we found David and Ryan. In the future should we need any additional legal help we will absolutely be contacting them again. Thank you both so much!
  • Avatar G N ★★★★★ 3 months ago
    I’m highly recommend Vlasac & Shmaruk LLC!
    It was amazing to work with Yelena Kofman-Delgado ! Great customer service and professionalism. She is very responsible and keeps you updated on your case. Thank you so much!
  • Avatar ajsgrs ★★★★★ 4 months ago
    My wife and I were involved in a motor vehicle accident. Vlasac and Shmaruk took care of everything. They walked us through the process and took care of all the paperwork. They reached a settlement and we were happy. Glad to put that … More behind us and glad we used Vlasac and Shmaruk to help us get the money we needed for a new car and to get our medical bills paid. Thanks for everything you did!!!!
  • Avatar Edward Negron ★★★★★ 2 months ago
    The Law Office of Vlasac & Shmaruk were very helpful, knowledgeable and caring of my unique situation and guided me step by step through the whole process until it was completed and approved. I'm very thankful and grateful that … More they represented me on my case.

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I really appreciate what the entire law firm did for me on my case. They are really knowledgeable and handled the case very professionally. Our...
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Mr.Shmaruk helped me immensely in a legal predicament I was placed in. He was very knowledgeable and extremely helpful! I would 100 percent recommend him...