McAllister v. LBP Corp., N.J., Monmouth County Super. Ct., No. L-6064-99, Feb. 25, 2003.
McAllister, 52, was eating on the outdoor deck of a restaurant. When she sat in her chair, it slid backward, and she fell approximately five feet from the deck to a sea wall below. McAllister suffered a concussion and post-concussion syndrome, including memory loss and other cognitive difficulties. A full-time homemaker, McAllister's past medical expenses totaled approximately $5,000, and her future medical expenses are estimated at $20,000.
McAllister and her husband sued the restaurant owner, alleging negligence in failing to cordon off or warn customers about a section of the center rail of the deck railing that was missing due to construction on the deck.
Defendant contended McAllister should have seen the gap in the railing and that she had leaned back in her chair, causing it to slide.
A jury awarded $2.5 million to McAllister and $200,000 to her husband for loss of consortium. The award was reduced to reflect the jury's finding that McAllister was 5 percent comparatively negligent.
Plaintiffs' experts were Philip Ilaqria, neurology, and Peter Rutan, neuropsychology, both of Red Bank, N.J.
Defendant's expert was David Mahalik, neuropsychology, Maplewood, N.J.
Plaintiffs' Counsel
*Raymond A. Gill Jr., Woodbridge, N.J.
Kevin L. Parsons, Woodbridge, N.J.
Copyright Association of Trial Lawyers of America Dec 2003
