Jane Bishop vs. Public Storage

Case Background

On June 29, 2022, Plaintiff Jane Bishop filed a Slip and Fall lawsuit in the New Jersey State Superior Court of Middlesex County (Case number: MID-L-007490-20). Judge  Michael V. Cresitello Jr. presided over the case.

Cause

On January 9, 2020, a premises liability incident occurred at a Public Storage facility in Monmouth Junction involving 66-year-old Jane Bishop. Bishop fell while attempting to cross the entrance to the facility’s office. Her legal team identified a defective entrance step, which allegedly failed to meet building code requirements, as the primary cause. The step’s deteriorated condition purportedly created a dangerous situation that directly led to Bishop’s fall.

Injuries

The fall resulted in severe injuries to Bishop’s dominant left arm, starting with a fracture to her left elbow that required extensive medical treatment. Initially, she underwent a major elbow joint replacement surgery. However, post-surgical complications led to restrictive bone growth, necessitating a second surgery for removal. Compounding her medical challenges, Bishop developed significant swelling in her left arm, which triggered carpal tunnel syndrome. This secondary condition required two additional surgeries to address, totaling four surgical interventions

Damages

The accident inflicted substantial, long-term impacts on Bishop’s daily life and functionality. She continued to experience visible swelling in her left arm, with a permanent limitation in extending her left index finger. Her left hand’s strength was severely compromised, causing her to frequently drop items and struggle with manual tasks. Due to these limitations, Bishop relied on her husband for regular assistance with basic activities, including personal hygiene and dressing. These ongoing challenges formed the basis of her compensation claim for past and future pain and suffering. In response, the defense asserted that Bishop had achieved satisfactory recovery, despite documentation of her persistent limitations.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Jane Bishop
    • Counsel for Plaintiff: Raja Bhattacharya

 

  • Defendant(s):Public Storage
    • Counsel for Defendants: Colin P. Hackett

Claims

Bishop’s Slip and Fall lawsuit against Public Storage was based on premises liability and alleged negligence. Her legal team argued that Public Storage failed to maintain safe premises, focusing on the entrance step’s disrepair. They cited multiple building code violations, claiming these deficiencies created an unreasonably dangerous situation for visitors. The lawsuit contended that Public Storage neglected proper safety standards, despite their daily inspection claims. The primary legal argument rested on the property owner’s duty of care and the alleged breach of this duty by allowing a hazardous condition to persist.

Defense

Public Storage mounted a multi-faceted defense strategy. The defense argued that Public Storage had no legal duty to repair the entrance where Bishop fell. They reinforced this position with testimony from facility employees who conducted daily safety inspections and documented their routine walk-throughs for potential trip hazards.

The defense further argued that Bishop’s fall stemmed from her own propensity to fall, emphasizing her history of previous falls. They used this history to argue that her incident resulted from personal factors rather than property conditions. Additionally, they contended that Bishop’s condition had improved significantly, which did not align with her claims of ongoing disability. They also challenged causation, questioning whether the step’s condition truly caused her fall and presenting alternative theories about the incident.

Jury Verdict

On August 7, 2024, the jury found Public Storage negligent and determined that its negligence directly caused Bishop’s injuries. The jury awarded Bishop $2.5 million in damages in a Slip and Fall lawsuit.

Court Documents:

Available Upon Request