Page 20 - Verdicts and Settlements Hall of Fame: Premises Liability

PREMISES LIABILITY
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#19
involved excision of in amed tissue. He underwent formal physical therapy after the rst two procedures and did his own PT after the third one. Detective McLaughlin was unable to work for 6 months after the rst surgery; returned to light desk duty after the second one but, due to his limitations, retired in September 2010. He claimed residual limitations from his injury thwarted his plan to become a PI post-retirement..
McLaughlin’s expert orthopedist opined that McLaughlin’s left knee’s injuries and surgeries were products of the initial accident and that he will require replacement of his left knee.
Claims against tenants of the property abutting the defective side- walk were dismissed. Their lease speci ed that owner Ann-Gur Realty was liable for all structural repairs to the premises. The matter proceeded to trial against Ann-Gur Realty.
McLaughlin alleged that defendants’ negligent maintenance of the premises created a dangerous condition that caused his accident. Plaintiff invoked New York General Municipal Law 205-e, which allows recovery of damages when a police of cer sustains a line-of-duty injury that stems from the negligence or unlawful act of another party. Plaintiff claimed the sloping portion of the sidewalk was camou aged from the adjacent sidewalk, creating a hazardous condition; that the sloping portion should have had a handrail, and; that the slope was too steep.
The jury found that Ann-Gur Realty was liable for the accident. It determined that the plaintiffs’ damages totaled $3,967,266.
As such, Page’s counsel argued that 111 Main Street had constructive notice of the defect.
Defense counsel contended that Page could not prove that her accident was caused by a defect of the stairway.
Page claimed that she sustained herniations of her C4-5 and C5-6 intervertebral discs. She initially underwent about 38 months of con- servative treatment, but she ultimately underwent a diskectomy, which involved the excision of her herniated discs. Page contended that the surgery was not properly performed, and she claimed that the surgeon’s errors caused damage that led to permanent impairment of her cognitive functions. She also claimed that she cannot easily walk and that she tires easily.
Page’s treating surgeon opined that Page’s surgery was necessi- tated by trauma that occurred during the accident. Page’s treating neurologist, treating neuropsychologist and treating psychologist agreed that her cognitive impairment is a permanent result of the surgery that she underwent.
Page claimed that she suffers permanent residual pain. She con- tended that her pain and cognitive impairment permanently prevent her resumption of her job. She sought recovery of her past medical expenses, her past and future lost earnings, and damages for her past and future pain and suffering. Her husband sought recovery of damages for his loss of services.
The defense’s expert orthopedic surgeon opined that Ms. Page’s herniations formed prior to the accident.
The parties negotiated a pretrial settlement, which was nalized via the guidance of special referee Sharon Stern Gerstman. The insurer of 111 Main Street agreed to pay $3.9 million, from a policy that provided $4 million of coverage.
Case: McLaughlin v. Ann-Gur Realty Corp. Attorney: Pablo A. Sosa
Firm: Law O ce of William A. Gallina, PLLC. Date: May 8, 2014
Verdict: $3,967,266
Sloping sidewalk should have had railing, plaintiff claimed
On May 28, 2008, plaintiff Brian McLaughlin, 38, a police detec- tive, fell on the sidewalk ramp abutting the northwest corner of the intersection of Clay Avenue and East 173rd Street, in the Tremont section of the Bronx. was in pursuit of a suspect.
McLaughlin sustained a fracture of his left ankle and a tear of his left knee’s medial meniscus. After returning to his precinct, he presented to North Central Bronx Hospital, and underwent minor treatment.
In August 2008, January 2010 and again in September 2011, he underwent meniscectomies of his left knee, which involved resec- tion of portions of the knee’s damaged menisci. The second and third procedure also included cartilage repair. The nal surgery also
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Case: Page v. Ulrich Development Co. Attorney: omas M. Mercure
& Scott M. Schwartz
Firm: Lipsitz Green Scime Cambria LLP. Date: March 11,2011
Verdict: $3,900,000
Building’s landlord ignored damaged stairway, suit alleged
On June 9, 2005, plaintiff Patricia Page, 50, a county’s elections clerk, tripped while she was descending a stairway at her place of employment, an of ce building that was located at 111 Main St., in Lockport. She fell down some 11 steps, and she claimed that she sustained injuries of her neck.
Page sued two entities that were believed to be owners of the premises. A third party action was commenced, and later dismissed, against Niagara County. Her suit against the owner, 111 Main Street, proceeded to trial.
Page claimed that she tripped on the stairway’s top step. She con- tended that the step was missing a chunk of the rubber molding that covered the edges of each step. She and several of her co-workers agreed that the defect had formed several months prior to the accident.
18 September 2016