Page 23 - Verdicts and Settlements Hall of Fame: Premises Liability

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Brown’s counsel claimed a high number of shootings and rob- beries occurred at this and other Wilson Farms stores in the 10 years before plaintiff was shot; and that the defendants failed to adequately address conditions that made the stores prime targets for robberies. To wit, the store’s cash reserves were not regularly removed to a bank but instead allowed to accumulate in the store’s safe which employees could open rather than a second safe that could only be opened by armed security personnel during periodic cash pickups at the store. He also claimed that the store’s parking lot was not adequately lighted, resulting in dark conditions that encouraged robberies.
Brown sustained a shotgun wound of the face. Pellets entered his jaw, his right eye and his skull. He was placed in an ambulance, and he was transported to Strong Memorial Hospital, in Rochester. He underwent surgical repair of his jaw, but he suffers permanent blindness of his right eye. His face also retains a great many pellets, and he claimed that he suffers permanent residual tinnitus.
Brown resumed his work as an assistant teacher. He contended that he intended to pursue a master’s degree and become a full-time teacher, but that his injuries ended that plan.
The jury found that the defendants negligently failed to provide adequate security, but Brown’s assailant was assigned 50 percent of the blame. The jury determined that Brown’s damages totaled $3.38 million, but the offset of the nonparty’s liability produced a net recovery of $1.19 million.
Reeves presented to a doctor seven days later and underwent minor treatment.
In January 2006, Reeves underwent surgery that addressed his spine’s L4 and L5 levels. He subsequently underwent surgical fusion of his spine’s T10-11, T11-12, T12-L1, L1-2 levels. The procedure included the implantation of cages and other stabilizing hardware.
In January 2008, Reeves underwent surgical removal of his spine’s hardware. During the ensuing week, he underwent revision of the prior fusion of his spine. In January 2009, he underwent the removal of some of his spine’s hardware.
Reeves contended that he suffers residual pain and limitations that prevent his resumption of work; that he requires the use of a cane, amd. He further claimed that his head’s injury caused per- manent damage of his brain. He contended that he suffers residual impairment of cognitive functions, such as his memory and his ability to concentrate.
Defense counsel contended that Reeves’ spinal injuries and cogni- tive de ciencies predated the accident. The defense’s expert spinal surgeon submitted a report in which he opined that Reeves does not suffer a restriction of his range of motion. The surgeon also opined that Reeves does not suffer a physical limitation that prevents his resumption of work.
The parties negotiated a pretrial settlement. The primary insurer of 1710 Broadway and C & K Real Properties tendered its policy, which provided $1 million of coverage; their excess insurer agreed to pay $625,000; and Christian Casey LLC’s insurer agreed to pay $1,625,000. Thus, the settlement totaled $3.25 million.
Case: Brown v. Wilson Farms Inc Attorney: Joseph Cote
Firm: Cote Limpert & Van Dyke Date: March 9, 2012
Verdict: $3,380,000
Convenience store a target for crime, injured guard claimed
On Dec. 6, 2003, plaintiff Brian Brown, 30, an assistant teacher and a security guard, was shot by a robber. The incident occurred while Brown was performing security work at the Wilson Farms convenience store that is located at 1218 Jay St., in Rochester. Brown sustained injuries of an eye, his jaw and his skull. The shooter was never apprehended or identi ed.
Brown sued the store’s operators, Wilson Farms Inc. and Wilson Farms Convenience Stores Inc.; the store’s owners, Ahold USA Inc. and Tops Markets, LLC; and two other parties alleging defendants negligently failed to provide adequate security. The suit named two other parties, but those claims were ultimately dismissed.
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Case: Reeves v. 1710 Broadway, LLC Attorney: Aaron G. Baily & Bryan J. Swerling Firm: e Law O ce of Aaron G. Baily,
& Bryan J. Swerling Date: February 28, 2012
Verdict: $3,627,080
Icy conditions caused leak on stairway, plaintiff claimed
On Dec. 27, 2004, plaintiff Kevin Reeves, 32, a barista, slipped while he was descending an interior stairway that led to the base- ment of his place of business, a coffee shop that was located at 1710 Broadway, in Manhattan. He fell, and he claimed that he sustained injuries of his back and head.
Reeves sued the premises’ owner, building manager, and sev- eral of its commercial tenants, alleging defendants’ negligent maintenance of the premises created a dangerous condition.
Reeves claimed that he slipped on water that had leaked onto the stairway through a divot in the sidewalk above, and that this was a chronic condition during snowy and icy periods, exac- erbated by improper or inadequate snow-removal techniques.
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