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Jury awards Passaic woman $2.25M in slip-and-fall case

Maria Santana of Passaic suffered permanent back and knee injuries after falling on black ice outside her place of employment in Rutherford, according to her attorney

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A jury awarded $2.2 million to Maria Santana of Passaic, her attorney said. (File photo). 

PATERSON -- A jury has awarded a Passaic woman $2.25 million after she slipped and fell on black ice in her employer's parking lot, suffering permanent knee and back injuries, according to her attorney.

Maria Santana, then 52 and working as a mail sorter, was heading into her place of employment at DHL in Rutherford when she fell on Feb. 3, 2011, said her attorney, Todd Drayton.

During the fall, Santana tore the medial meniscus in her left knee, which required arthroscopic surgery to repair, and suffered bulging discs in her spine, Drayton said.

She also suffered bilateral lumbar radiculopathies, which involves radiating pain and numbness that she still feels going from her lower back down her legs to her feet, Drayton said.

Santana filed a lawsuit against the property owner, AMB Property Corp., and the company responsible for removing snow and ice from the property, Greg Tanzer Sprinklers and Outdoor Design, Drayton said.

RELATED: Jury awards man $3 million for injuries in auto crash

During an eight-day trial in Superior Court in Passaic County, expert witnesses testified that the prognosis was "poor" that Santana would ever return to her "pre-accident level of functioning," Drayton said.

Drayton said he argued that Santana's damaged discs would quickly deteriorate and "she could look forward to a future marked by painful arthritis and by diminished functioning in both her left knee and lower back." 

Given her age, Santana will likely need a total knee replacement in the future, Drayton said.

Attorney Michael Palma, who represented the defendants, was not immediately available for comment on Thursday.

Palma contended during the trial that the defendants were not negligent in their ice removal duties and any injuries suffered by Santana in the fall were minor, according to Drayton.

Palma took the position that another fall a year later resulting in an injury to Santana's left knee was the real reason for her injuries, Drayton said.

The jury returned its verdict after just an hour of deliberation on Oct. 28, according to Drayton. It apportioned 70 percent of the fault to the property owner and 30 percent to the snow and ice removal company,  the attorney said.

Ben Horowitz may be reached at bhorowitz@njadvancemedia.com. Follow him on Twitter @HorowitzBen. Find NJ.com on Facebook. 

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