Page 21 - Verdicts and Settlements Hall of Fame: Premises Liability

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was a result of the accident. The fracture was addressed via closed reduction and the application of a cast that covered her right foot. X-rays did not reveal injuries of Minardi’s left knee and right shoulder.
A visit to an orthopedist a few days later con rmed impingement of her right shoulder, with a reduced range of motion, and a bruise and swelling of her left knee. Minardi underwent about eight weeks of physical therapy, and she claimed that she subsequently performed about nine months of independent therapeutic exercises. Her pain worsened. MRI scans revealed that she was suffering a tear of her left knee’s menisci and a tear of a ligament of her right ankle. Minardi claimed that the injuries were products of the accident.
In February 2010, Minardi underwent arthroscopic knee surgery. The surgeon opined that Minardi was suffering tears of the knee’s lateral and medial menisci, and grade-II or grade-III chondromalacia, which is a softening of cartilage. In June 2010, an MRI scan revealed that she was also suffering tears of her right shoulder’s rotator cuff. Minardi contended that the injuries were products of the accident. In December 2010, she underwent replacement of her left knee.
Minardi claimed that she suffers residual pain that stems from her left knee, her right ankle and her right shoulder. She contended that her right arm cannot be raised above the level of her right shoulder. She also contended that she requires the use of a cane and that she cannot easily negotiate stairways. She claimed that an orthopedist has recommended additional surgery that would address her right ankle and right shoulder.
The jury found that Minardi sustained injuries related to the accident, and determined that her damages totaled $3.75 million.
Zimmerman noted that the accident occurred during the day that preceded the beginning of her tenancy in the premises. She claimed that her lease speci ed that a contractor would be hired to remove the prior tenant’s furniture, which included a built-in platform bed. She contended that the bed’s removal created a large amount of sawdust. She claimed that she reported the condition to the building’s superintendent, but that he indicated that she would have to remove the debris. Zimmerman contended that she slipped on sawdust while she was cleaning the debris that the contractor’s work had created.
Zimmerman did not seek immediate medical treatment. She ulti- mately claimed a herniation of her L4-5 intervertebral disc, and bulging discs in her cervical and lumbar spine.
Zimmerman underwent about seven years of intermittent conser- vative treatment that included chiropractic manipulation, physical therapy and painkillers. In October 2009, she underwent a lami- notomy, the removal of a portion of a vertebra’s posterior arch, and a diskectomy, the excision of her herniated disc.
Zimmerman claimed that she suffers residual paresthesia of the upper portion of her left leg. She worked during the two years that followed the accident, but she contended that her pain has prevented her ability to perform any further work.
The jury found that the defendants were liable for the accident, but Zimmerman was assigned 25 percent of the blame. The jury determined that Zimmerman’s damages totaled $3,627,080, but the comparative-negligence reduction produced a net recovery of $2,720,310.
Case: Minardi v. JetBlue Airways Corp. Attorney: Dino J. Domina
Firm: Dino J. Domina, PC.
Date: March 6, 2012
Verdict: $3,750,000
Fall caused ankle, knee, shoulder injuries, plaintiff claimed
In April 2008, plaintiff Vincenza Minardi, 67, a retiree, slipped and fell while descending a ramp in the JetBlue Airways terminal of John F. Kennedy International Airport. She claimed injuries of an ankle, foot, knee and shoulder.
Minardi sued JetBlue alleging its negligent maintenance of the premises created a dangerous condition. Defense counsel conceded liability. The trial addressed damages.
Minardi presented to Jamaica Hospital Medical Center. She report- ed that she was suffering pain that stemmed from her left knee, her right foot and her right shoulder. An X-ray revealed a fracture of her right foot’s fth proximal metatarsal. Minardi claimed that the fracture
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Case: Zimmerman v. 157 East 57th Street, L.L.C. Attorney: Richard Ashman & Jay W. Dankner. Firm: Michelstein & Greenberg, LLP.
& Dankner & Milstein, PC Date: February 28, 2012
Verdict: $3,627,080
Apartment not in move-in condition, tenant claimed
On May 6, 2002, plaintiff Amy Zimmerman, 33, a physiatrist, slipped and fell in an apartment that was located at 157 E. 57th St., in Manhattan. She fell, and she claimed that she sustained injuries of her back and neck.
Zimmerman sued the premises’ manager, 157 East 57th Street, LLC; the premises’ owner, Plaza Circle Enterprises, LLC; and Plaza Circle Enterprises’ principals, the estates of Lillian Goldman and Sol Goldman. Zimmerman alleged that defendants negligent maintenance of the premises created a dangerous condition.
Zimmerman’s counsel ultimately discontinued the claims against the estates of Lillian Goldman and Sol Goldman. The matter pro- ceeded to a trial against the remaining defendants.
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