Page 7 - Verdicts and Settlements Hall of Fame: Premises Liability

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Case: Reyes v. Children’s Rescue Fund
Attorney: omas P. Giu ra & Jeremy A. Hellman
Firm: Rheingold, Valet, Rheingold, McCartney & Giu ra LLP, New York, NY Date: July 18, 2013
Verdict: $36,161,797
Tot’s fall caused damage of brain, mother claimed
On June 26, 2003, infant plaintiff Imani Santiago, a 4-day-old girl, fell out of a stroller that was being carried on a stairway of her residence, a shelter that was located at 1520 Brook Ave., in the Morrisania section of the Bronx. The stroller was being carried by one of the facility’s guards, Christopher Salas. Imani sustained an injury of her head.
The plaintiffs alleged that Christopher Salas was negligent in his handling of Imani’s stroller, that the remaining defendants were vicari- ously liable for Salas’ actions, and that their negligent maintenance of the premises created a danger-
of damage of her brain, and they claimed that the damage was a residual product of the accident. The plaintiffs’ expert neurologist and expert neuropsychologist agreed that Imani’s struggles are a result of bleeding that occurred during the immediate aftermath of the accident. The experts contended that her compromised functions are controlled by the areas that were affected by the bleeding.
Plaintiffs’ counsel also contended that Imani’s struggles will limit her professional opportunities, and they claimed that the child’s condition will necessitate exten-
ous condition that was a con- tributing cause of the accident. Salas’ liability was decided via summary judgment: Judge Mary Ann Brigantti-Hughes found that Salas was negligent in his handling of Imani’s stroller.
IMANI’S HOSPITALIZATION LASTED TWO DAYS. DOCTORS ADVISED THAT A FOLLOW- UP EXAMINATION WAS NECESSARY, BUT YEARS PASSED BEFORE IMANI’S MOTH- ER PURSUED SUCH AN EXAMINATION.
sive medical treatment.
Imani’s mother sought recovery of a total of $26 million for Imani’s future medical expenses, lost future earnings, and Imani’s past and future pain and suffering. She also presented a derivative claim, but that claim was ultimately with- drawn.
Imani fell out of her stroller,
and her head struck a concrete
surface. She was placed in an
ambulance, and transported to
Jacobi Medical Center, in the Bronx. A CT scan suggested that her brain’s left temporal lobe was bleeding. A neurologist opined that bleeding may have occurred in the brain’s subarachnoid region.
Defense counsel contended that the accident did not cause brain damage. He claimed that the only CT scan did not reveal the mass effect that is a de nitive indicator of damage of the brain. A Jacobi Medical Center radiologist opined that the scan did not conclusively establish that Imani’s brain had bled. Defense counsel also noted that Jacobi Medical Center’s records did not indicate that Imani’s injury caused unconsciousness, which is another indicator of damage of the brain. The defense’s expert neuropsychologist noted that Imani suffers a genetic condition, dyslexia, and he contended that genetic factors could be the cause
of Imani’s struggles.
During the jury’s deliberations, the parties negotiated a high/low stipulation: The jury found that Salas’ employers were vicariously liable for Salas’ actions. The jury determined that Imani’s damages totaled $20 million, but Imani’s recovery was reduced to the stipu- lated limit: $6 million.
Imani’s hospitalization lasted two days. Doctors advised that a follow-up examination was necessary, but years passed before Imani’s mother pursued such an examination.
Imani’s education was immediately marred by struggles, and her speech did not properly develop. She was quickly placed in specialized classes, and she undergoes therapy that is intended to improve her speech. However, Imani, 10, remains challenged. Her academic skills have not progressed beyond those of a typical 6-year-old child. Imani’s teachers reported that the child’s effort is good, but that she does not understand her classes’ subject matter.
Plaintiffs’ counsel contended that Imani’s struggles are a result
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