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The Law Firm of Gold, Albanese & Barletti LLC

Red Bank | Morristown | Boston | New York

  • Morristown, NJ
    973-326-9099
  • Wall, NJ
    732-936-9901
  • Boston, MA
    617-723-5118
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Kersta v. Inserra t/a Shop-Rite

A male in his late 70s allegedly suffered bacterial endocarditis, with attendant mitral valve prolapse as a result of a 25-pound box of motor oil striking him in the face and causing dental injury. The box of motor oil was inadvertently knocked over by an employee of the store. Plaintiff underwent dental repair without advising his dentist of the need to have prophylactic antibiotics as a result of a mild mitral valve prolapse, which had previously been diagnosed. Defendant contended that the mitral valve prolapse was becoming more severe prior to the accident, that the left anterior descending artery blockage was unrelated to the mitral valve prolapse or the bacterial endocarditis and that the $103,000 in medical bills was primarily related to surgery to repair the mitral valve prolapse and the left anterior descending artery blockage.

Likewise, defendant contended that plaintiff was negligent in failing to advise his dentist of the need for the prophylactic antibiotics as a result of the dental work that was to be performed as a result of the accident. The trial lasted eight (8) days. The jury, after 2 1/2 hours of deliberation, returned a verdict in the amount of $35,000 assessing 75 percent liability against defendant and 25 percent against plaintiff for his failure to advise of the need to take prophylactic antibiotics. Accordingly, the net verdict was $26,250. Plaintiff’s demand throughout the course of the trial was $500,000.

Contact Gold, Albanese & Barletti, LLC

Whether you’ve been injured at work, in an automobile accident, or due to medical malpractice – you deserve justice and fair compensation for your injuries. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for our clients. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.

Our firm is licensed and admitted to municipal, state, federal and appellate courts, including the U.S. Supreme Court. Since 1997, we have helped thousands of clients and established a track record of success across a wide array of legal practice areas.

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Morristown NJ Office

48 South St, Morristown, NJ 07960
973-326-9099
973-326-9841

Wall NJ Office

1516 Hwy 138, Ste 2C, Wall, NJ 07719
732-936-9901
732-936-9904

Boston MA Office

10 Post Office Square, Suite 800 South, Boston, MA 02109
617-723-5118
617-367-8840

Schedule A Consultation

Since 1997, Gold, Albanese & Barletti, L.L.C. has helped thousands of clients across a wide variety of legal practice areas, including personal injury, motor vehicle accidents, workers’ compensation, and more. Contact us today to schedule a free consultation regarding your legal matter.

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Morristown NJ Office

48 South St, Morristown, NJ 07960
973-326-9099
973-326-9841

Boston MA Office

10 Post Office Square, Suite 800 South, Boston, MA 02109
617-723-5118
617-367-8840

Wall NJ Office

1516 Hwy 138, Ste 2C, Wall, NJ 07719
732-936-9901
732-936-9904

Primary Practice Areas

  • Personal Injury
  • Car Accidents
  • Workers’ Compensation
  • Wrongful Death

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