Page 14 - Verdicts and Settlements Hall of Fame: Premises Liability

PREMISES LIABILITY
VERDICT & SETTLEMENTS
HALL OF FAME
#9
Case: Karabaza v. Manhattan Beach Estates Associates LLC Attorney: William Schwitzer
Firm: William Schwitzer & Associates, PC, New York, NY Date: March 30, 2015
Verdict: $8,350,000
Landlord didn’t repair damaged ceiling, injured tenant claimed
On Aug. 14, 2010, plaintiff Nataliya Karabaza, 43, a homemaker, was struck by a falling fragment of the ceiling of her residence, an apartment that was located at 200 Brighton 15th St., in the Little Odessa section of Brooklyn. She claimed that she sustained injuries of her back and neck.
Karabaza sued the premises’ owner, Manhattan Beach Estates Associates LLC, and the premises’ manager, Palmer Management for Vineyards Inc. Karabaza alleged that the defendants were negligent in their maintenance of the premises. She further alleged that the defendants’ negligence created a dangerous condition that caused the ceiling’s collapse.
Karabaza ultimately claimed that she sustained herniations of her C4-5, C5-6 and L5-S1 intervertebral discs. She underwent physical therapy and the administration of painkilling trigger-point injec- tions, but she claimed that she experienced ongoing pain. She later underwent two surgeries. One involved fusion of her spine’s C4-5 and C5-6 levels, and the other involved a laminectomy, which included excision of portions of vertebrae of her spine’s lumbar region.
Karabaza claimed that she suffers permanent residual pain that hinders her performance of her household chores and other everyday activities. She also claimed that she requires extensive
Karabaza noted that the incident
occurred while she was showering.
She claimed that she had repeat-
edly reported that water was dam-
aging the shower’s ceiling, but that
the condition was not repaired.
Karabaza’s counsel claimed that the
defendants retained a contractor to
address the ceiling, but that adequate repairs were not performed.
Defense counsel contended that the defendants ful lled their obli- gation by hiring a quali ed contractor to repair the shower’s ceiling.
Karabaza was placed in an ambulance, and she was transported to Lutheran Medical Center, in Brooklyn. She claimed that she was suffering pain that stemmed from her back and neck. She underwent a CT scan and minor treatment.
KARABAZA CLAIMED THAT SHE SUFFERS PERMA- NENT RESIDUAL PAIN THAT HINDERS HER PERFOR- MANCE OF HER HOUSEHOLD CHORES AND OTHER EVERYDAY ACTIVITIES.
medical treatment.
Karabaza sought recovery of future medical expenses, damages for past pain and suffering, and damages for future pain and suffering. Her husband, Edvard Karabaza, sought recovery of damages for loss of services.
Defense counsel contended that Ms. Karabaza’s injuries were degenerative conditions that predated the accident. The defense’s expert orthopedist claimed that an MRI scan, performed shortly after the accident, depicted a degenerative condition of the cervical region of Karabaza’s spine.
The jury found that the defendants were liable for the accident. It determined that the Karabazas’ damages totaled $8.35 million.
P
gh
P
P
o
o
o
i
i
in
n
n
t
t
tY
Y
Yo
o
ou
u
u
r
r
r
C
C
Ca
a
ar
r
r
e
e
ee
e
e
r
r
r
i
i
i
n
n
n
t
t
t
h
h
h
e
e
e
R
R
R
i
i
ig
g
h
h
t
t
t
D
D
D
i
i
i
r
r
re
e
ec
c
ct
t
t
i
i
i
o
o
o
n
n
n
.
.
.
Find the right position today.
Visit Lawjobs.com Your hiring partner
12 September 2016