Page 15 - Verdicts and Settlements Hall of Fame: Premises Liability

#10
Case: Valverde v. FS 41-45 Tiemann Place LLC
Attorney: Eric H. Green & Ronald W. Ramirez, trial counsel Firm: e Law O ces of Eric H. Green & Associates, NYC Date: December 8, 2014
Verdict: $6,837,950
Fall off of landing caused injury of brain, plaintiff claimed
On Sept. 29, 2007, plaintiff Patrick Valverde, 19, a student, visited an apartment building that was located at 45 Tiemann Place, in the Morningside Heights section of Manhattan. The building’s exterior entryway landing was bounded by a balustrade that was intended to prevent falls onto a metal stairway below. The balustrade col- lapsed while Valverde was leaning upon it, he fell off the landing, plummeted about 10 feet, landed on the stairway and rolled down the remainder of the stairs. He claimed that he sustained injuries of his back, head, knee and shoulder. Valverde was placed in an ambulance, and he was transported to St. Luke’s-Roosevelt Hospital Center, in Manhattan. He underwent minor treatment.
Valverde sued the building’s owner, alleging its negligent mainte- nance of the premises created a dangerous condition that caused his accident. Defense counsel initially contended that the accident was a result of a latent defect of the balustrade, but he ultimately conceded liability. The trial addressed damages.
Valverde ultimately claimed that he sustained a concussion, a tear of the posterior horn of his left knee’s medial meniscus, a tear of his right, dominant shoulder’s glenoid labrum, a partial-thickness tear of the same shoulder’s rotator cuff, trauma that produced impinge- ment of the same shoulder, and herniations of his L4-5 and L5-S1 intervertebral discs. He further claimed that his head’s injury caused mild damage of his brain, with residual effects that included amne- sia, anxiety, chronic migraines, depression, resultant changes of his personality, and impairment of his cognition and tinnitus.
An MRI scan, performed in October 2007, had not depicted a brain injury, but a 2010 DTI scan con rmed Valverde’s brain’s injury. Valverde’s counsel contended that with the introduction of new equipment and tests like the DTI, more accurate diagnoses have now become possible. Valverde’s forensic psychiatrist opined that anxiety and depression can go undiagnosed for years. One of Val- verde’s expert neuroradiologists, Dr. Christos Davatzikos, opined that Valverde suffers gross atrophy of his brain’s frontal and temporal
lobes, and that the condition is indicative of a traumatic injury.
On Jan. 29, 2008, Valverde underwent a bursectomy, an arthroscop- ic surgery of his right shoulder. On May 12, 2008, Valverde underwent a chondroplasty, an arthroscopic surgery to repair damaged cartilage in his left knee. On Aug. 1, 2008, Valverde underwent decompressive surgery that included fusion of the anterior portions of his spine’s L4-5 and L5-S1 levels and the implantation of stabilizing hardware.
Valverde claimed residual pain and restricted range of motion from these injuries and surgeries, and that residual effects prevent resumption of his college education. He also claimed that he cannot work. Two of Valverde’s relatives testi ed he was previously an outgo- ing person, but became isolated and withdrawn since the accident.
Defense counsel contended that Valverde’s injuries pre-date the accident and that he can work or resume school. The defense’s expert neuroradiologist opined that Valverde’s herniations were a pre-existing degenerative condition. The defense’s orthopedist who examined Valverde found him healthy save for limitations of the movement of his back and right shoulder.
Defense counsel contended that Valverde’s brain’s injury stemmed from a sports-related concussion sustained one year prior to the instant accident. Defense medical experts opined that a DTI scan cannot detect a traumatic injury of the brain, that plaintiff does not exhibit neurological abnormalities, and; that any impairment of his cognition results from a learning disability, not the result of trauma. During cross-examination, the defense’s experts acknowl- edged that Valverde suffered a traumatic injury of his brain, though they contended that it was not related to the accident.
The parties negotiated a high/low stipulation: Damages could not exceed $5.25 million, but they had to equal or exceed $1.75 mil- lion. The jury found that Valverde’s damages totaled $6,837,950, but Valverde recovered the stipulated limit: $5.25 million.
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