Plaintiff is a resident of Pennsylvania and was 39 years old at the time of the incident. On February 26, 2015, Plaintiff went to CubeSmart Storage Facility located in Whippany, New Jersey, where he entered a storage unit leased by his employer Siegel Distributing Company, Inc. CubeSmart had acquired the facilities and its units through a deed in lieu of foreclosure from Dahn Corporation. Dahn had previously rented the unit to Plaintiff’s employer knowing that the unit leaked causing water and ice to accumulate inside the unit. Representatives from Dahn and CubeSmart had attempted at various points to fix the leaking roof but the leaks continued. Attempted repairs were conducted by Nations Roof East in addition to other roofing companies. When Plaintiff entered the unit on the day of this incident he slipped and fell on ice injuring his back. As a result of the fall Plaintiff sustained a disc herniation and numerous disc bulges in his lumbar spine. As a result of these injuries he underwent a set of epidural injections and ultimately underwent a right L4-L5 hemilaminotomy with excision of the disc herniation.
Plaintiff returned to work in a limited capacity before ultimately determining he was no longer able to work.