Page 18 - Verdicts and Settlements Hall of Fame: Premises Liability

PREMISES LIABILITY
VERDICT & SETTLEMENTS
HALL OF FAME
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Association of America - College Retirement Equities Fund; and two related entities, the TIAA Board of Overseers and TIAA Realty Inc. John alleged that a JRT Realty Group worker negligently created a dangerous condition that caused the accident. John further alleged that the defendants negligently failed to correct the hazard.
John claimed that a JRT Realty Group employee failed to properly replace the cover after having removed it to access the drain. His counsel contended that the premises’ owners and manager should have noticed the improperly seated cover.
John ultimately claimed that he sustained herniations of his C3-4 and L5-S1 intervertebral discs, a tear of his right knee’s lateral menis- cus, and a tear of his right shoulder’s glenoid labrum.
John underwent arthroscopic surgeries that addressed his right knee and right shoulder. John’s spinal injuries were initially addressed via the administration of eight epidural injections of steroid-based painkillers, but John claimed that the treatment did not resolve his pain. In October 2011, he underwent fusion of his spine’s C3-4 level. The procedure included the implantation of a plate and screws. In September 2012, John underwent decompres- sive surgery that included a laminectomy--which involved excision of a portion of a vertebra--fusion of his spine’s L5-S1 level, and the implantation of a rod and screws. He has been undergoing physical therapy since 2011.
The parties negotiated a pretrial settlement, which was nalized via the guidance of mediator Robert Adams, of National Arbitra- tion and Mediation Inc. Cushman & Wake eld’s insurer agreed to pay $4.25 million, and Teachers Insurance and Annuity Association of America’s insurer agreed to pay $250,000. Thus, the settlement totaled $4.5 million.
that captured the assault.
Defense counsel presented the nightclub’s general manager and head of security. The witnesses acknowledged the existence of the policies that plaintiffs’ counsel described, but they contended that the policies were always enforced and would not have been ignored during the morning of the assault. The head of security claimed that he observed patrons being searched during the morning of the assault.
Alvarez sustained a laceration of one side of his face and a stab wound of a shoulder. Alvarez claimed that he suffers permanent residual damage of a facial nerve, and he contended that the dam- age causes a facial tick.
Lugo sustained a stab wound of his abdomen which require- dan exploratory laparotomy. He claimed that he bears extensive residual scars.
Santa sustained lacerations of his right, dominant arm, damaging his median and ulnar nerves. He underwent two surgeries to repair the damaged nerves, but still suffers from a loss of strength and sensation in his hand.. His injuries prevented him from completing an electrician apprenticeship program and that he has had to accept signi cantly lesser-paying work as a personal trainer.
Santana sustained lacerations of his head and his right thigh, which were closed with sutures at Bellevue Hospital Center.
The jury found that Azure Nightclub failed to provide adequate security during the morning of the assault. It determined that the plaintiffs’ damages totaled $4.36 million.
Case: John v. Teachers Insurance and Annuity Association of America
Attorney: Jonathan S. Damashek & Jordan D. Hech
Firm: Kleeger & Damashek, PC. Date: February 25, 2014 Verdict: $4,500,000
Work site’s owners, manager ignored hazard, plaintiff claimed
On July 13, 2010, plaintiff Raynold John, 40, an installer of tele- communications equipment, worked in a sub-basement of a building that was located at 780 Third Ave., in Manhattan. During the course of his work, he stepped on the cover of a large drain compartment that was set in the oor. The cover collapsed, and John fell into the compartment to the level of his hips. He claimed that he sustained injuries of his back, knee, and shoulder.
John sued the premises’ managing agent, Cushman & Wake eld; a subcontractor that had worked in the sub-basement, JRT Realty Group Inc.; the premises’ owner, Teachers Insurance and Annuity
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Case: Santa v. Azure Nightclub Inc. Attorney: Michael P. Eisenman
Firm: Miller Eisenman & Kanuck, LLP. Date: April 24, 2013
Verdict: $4,376,000
Nightclub’s lax security led to stabbings, plaintiffs claimed
During the early morning hours of Nov. 13, 2004, plaintiff Freddy Alvarez Jr., 23, a student and a part-time worker, plaintiff Israel Lugo, 26, a student and a part-time worker, plaintiff Hernan Santa Jr., 22, an apprentice electrician, and plaintiff Alexander Santana, 22, a student and a part-time worker, patronized a nightclub that was located at 76 E. 13th St., in Manhattan. At about 3:30 a.m., Santana became involved in an altercation in which he was stabbed by one of a group of men. Alvarez, Lugo and Santa were stabbed while attempting to aid Santana.. The four plaintiffs alleged that the nightclub negligently failed to provide adequate security.
The plaintiffs claim defendants violated their own security policies by leaving the area unsupervised and in not searching every patron, including the group who attacked plaintiffs. Plaintiffs’counsel also contended that the nightclub destroyed a surveillance videotape
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