Modrzakowski v. Bell Food Markets t/a Foodtown

A male in his early 40s sustained a trimalleolar fracture of his right ankle as a result of a defective cellar door in the sidewalk in front of the supermarket. Plaintiff’s medical bills were in excess of $40,000 for the surgical repair of the trimalleolar fracture with attendant physical therapy. Defendant contended that the cellar door met the required construction code of Jersey City, and after extensive collection and review of plaintiff’s medical records, defendant contended that at the time of the incident, the plaintiff was intoxicated. In the third day of the trial, plaintiff accepted a $1,500 offer of settlement.