Page 17 - Verdicts and Settlements Hall of Fame: Premises Liability

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L3-4 discs, trauma that produced impingement of her left shoulder, and an aggravation of a pre-existing, asymptomatic osteoarthritic condi- tion of her left knee. The latter condition was diagnosed in June 2010.
Espinal quickly commenced conservative treatment that included chiropractic manipulation, physical therapy, epidural painkiller injec- tions, and trigger-point injections. On March 23, 2010, Espinal under- went a laminectomy of her spine’s lumbar region; fusion of L4-5 and L5-S1; and the implantation of stabilizing hardware.
On March 10, 2011, Espinal underwent implantation of a device that provided pain-relieving stimulation of a nerve of her spine’s cervi- cal region. On July 24, 2011, she underwent implantation of a device that provided pain-relieving stimulation of a nerve of her spine’s lumbar region.
On Nov. 27, 2011, Espinal underwent replacement of her left knee. During the ensuing three years, Espinal underwent three additional surgeries that involved replacement or repair of implanted stimulators.
Defense counsel contended that Espinal’s injuries are pre-exist- ing, degenerative conditions that stem from obesity and years of physical labor. The defense’s expert orthopedist examined Espi- nal in 2009, and he opined that her cervical and lumbar injuries were nothing more than sprains and strains. The expert further contended that Espinal’s surgeries were inevitable results of Espi- nal’s pre-existing conditions and were not related to the accident.
Defense counsel also challenged the extent of Espinal’s lost earn- ings. She claimed that Espinal had been working merely three years at the time of the accident and was not likely to have worked until the age of 62.
The jury found that Espinal’s damages totaled $5,483,733.
The plaintiffs’ expert microbiologist opined that the accident was a result of improper inspection and pruning of the tree. Plaintiffs’ counsel contended that the park’s trees were inspected by person- nel lacking relevant expertise, and that defendants did not regularly schedule inspections. The plaintiffs’ expert arborist opined that defen- dants had not established a formal inspection program, and that their maintenance practices did not satisfy standards established by the American National Standards Institute.
Sohaib sustained fractures of his skull, with a resultant injury of his brain. He became comatose. He was ambulanced to the hospital where he underwent many surgeries, including procedures to relieve pressure within his head. His coma lasted 15 days. Upon regaining consciousness, he was unable to speak or move. After several months of inpatient and outpatient rehabilitation, he regained his speech and mobility. During the three months that followed the accident, his weight decreased to 94 pounds, from 145 pounds.
Sohaib’s father also claimed that Sohaib’s younger brother, Imran Qureshi, was greatly traumatized by having witnessed Sohaib’s acci- dent. The elder Qureshi sought recovery of zone-of-danger damages for Imran’s past pain and suffering.
The parties negotiated a pretrial settlement. The city agreed to pay $5.05 million. A total of $5 million was allocated to Sohaib and his father, and the remainder was allocated to Imran. The majority of the money was placed in an investment vehicle that will provide future payments and fund a special-needs trust.
Case: Espinal v. New York City Health Hospitals Corp. Attorney: Scott A. Steinberg
Firm: Greenberg & Stein, PC.
Date: December 11, 2015
Verdict: $5,483,733
Fall in hospital ended career, health aide claimed
On July 18, 2007, plaintiff Ana Espinal, 41, a home health aide, fell while she was working at Elmhurst Hospital Center, sustaining injuries to her back, knee, neck and shoulder. Espinal claimed that she slipped in a puddle that was created by a leaking air conditioner.
Espinal sued the hospital’s operator, New York City Health and Hospitals Corp. Espinal alleged that the hospital’s staff was negligent in its maintenance of the premises, that the staff’s negligence created a dangerous condition that caused her accident, and that New York City Health and Hospitals was vicariously liable for the staff’s actions.
The defense’s answer was stricken because it was deemed to have violated a discovery-related order. The trial addressed damages.
Espinal was evaluated in the hospital’s emergency department and underwent three days of observation. She ultimately claimed herniations of her C5-6, L4-5 and L5-S1 interver- tebral discs, trauma that produced bulges of her C4-5, L1-2, L2-3 and
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Case: Qureshi v. City of New York Attorney: Mark J. Epstein
Firm: Pazer, Epstein & Ja e, PC. Date: November 4, 2013 Verdict: $5,050,000
Park’s trees not well maintained, injured boy’s father claimed
On Aug. 30, 2007, plaintiff Sohaib Qureshi, 17, visited Riverside Park, which spans West 59th and West 125th streets, on the western shore of Manhattan. While Sohaib and his younger brother were playing in the park’s Crabapple Grove garden, Sohaib was struck by a 23-foot-long branch that had fallen off of a tree. He sustained injuries of his head.
Sohaib’s father, Waseem Qureshi, acting individually and as Sohaib’s parent and natural guardian, sued the park’s owner, the city of New York, and the park’s operator, the NYC Department of Parks & Recre- ation, alleging negligent maintenance of the park created a dangerous condition that led to Sohaib’s injury.
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