What’s it Worth? March 4, 2022

Times are hard. The war in Ukraine is contrary to our concept of freedom and democracy. Before taking a look at this week’s cases we compliment Saturday Night Live on its cold open on February 26, 2022 in support of the citizens of Ukraine.

 

DAMON SIMS V. BRONX BOYNTON AVE LLC. (26370/18)

SETTLEMENT: 2022

VENUE: Supreme Bronx

TYPE OF CASE: Premises Liability

FACTS: A 46-year-old unemployed man was struck by a cabinet which fell off the wall in his residence.

INJURIES:

• The plaintiff was taken by ambulance to a hospital emergency room where he was treated and released.
• The plaintiff claimed that he suffered herniations at C5-C6 and L4-L5.
• The plaintiff claimed he suffered trauma induced bulges atL3-L4 and L5-S1.
• The plaintiff claimed that he developed residual impingement of spinal nerves and resultant radiculopathy.
• The plaintiff underwent physical therapy and administration of five epidural injections of steroid-based painkillers without lasting effect.
• A year and a half after the accident, the plaintiff underwent a cervical fusion including a discectomy with excision of his C5-C6 disc, a corpectomy with excision of parts of his C5 and C6 vertebrae, fusion of his spine’s C5-C6 level, implantation of a stabilizing plate and screws, and application of a stabilizing graft of bony matter.
• A year later, the plaintiff underwent a second surgery including a discectomy including excision of his L3-L4 and L4-L5 discs, a laminectomy with excision of portions of adjacent vertebrae, and a facetectomy with decompression of the roots of spinal nerves.
• The following summer, the plaintiff underwent administration of two painkilling nerve-block injections directed into his lumbar region.
• The plaintiff claims he suffers residual pain and limitations.
• The plaintiff has scars from the surgeries on his back and neck.
• The plaintiff claims he will require 12-18 sessions of physical therapy per year for the rest of his life.
• The plaintiff claims that he may require further cervical and lumbar spine surgeries.
• The defense argued that the plaintiff’s conditions were degenerative and predated the incident.
• The defense also argued the plaintiff did not experience residual limitations, and he would not require further treatment.

SETTLED: The parties negotiated a pretrial settlement of $2.75 million. The defendant’s primary insurer agreed to tender its $1 million policy and the defendant’s excess insurer agreed to pay $1.75 million from a policy that provided $10 million in coverage.

 

YOUNG JU SHIM V. HOWARD D. GOETTSCH (706938/17)

SETTLED: 2022

VENUE: Supreme Queens

TYPE OF CASE: Automobile Liability

FACTS: A 60-year-old accountant came into contact with a car as the car made a left turn near an intersection.

INJURIES:

• The plaintiff was transported to the hospital by ambulance where he was treated and confined for two days.
• The plaintiff suffered a nondisplaced fracture of his skull’s frontal region.
• The plaintiff suffered a contusion of his brain’s frontal lobe.
• The plaintiff sustained a subdural hematoma and a subarachnoid hemorrhage.
• The plaintiff was diagnosed with a concussion.
• The plaintiff claimed that he developed post-concussion syndrome including dizziness, headaches, photophobia, and impairment of his vision.
• The plaintiff also claimed that his memory was impaired
• The plaintiff claimed he suffered herniations at C6-C7, L4-L5, and L5-S1.
• The plaintiff said he suffered a bulging disc at C5-C6.
• The plaintiff claimed that his herniations caused impingement of spinal nerves.
• The plaintiff underwent conservative treatment including acupuncture, chiropractic manipulation, and physical therapy lasting 13 weeks.
• The plaintiff claimed that his injuries impaired his ability to execute his job duties and retired 19 months after the accident.
• The plaintiff claimed that he suffered residual pain and physical limitations and ongoing impairment of his memory.
• The defense counsel argued that the plaintiff’s injuries required relatively minimal treatment and that the plaintiff worked almost continuously after the accident prior to his retirement.

SETTLEMENT: The parties negotiated a pretrial settlement which totaled $450,000. The defendant’s primary insured tender it’s $250,000 policy. The defendant’s excess insurer agreed to pay $200,000 from a $2 million policy.

 

MARK PETRONIO, KIMMAIRE DOMAGALA V. WESTERN BEEF PROPERTIES, INC. (707538/17)

SETTLED: 2022

VENUE: Supreme Queens

TYPE OF CASE: Premises Liability

FACTS: A union-affiliated film-production grip in his 50s, claimed that he fell down an interior stairway while working at a warehouse.

INJURIES:

• The plaintiff claimed that he suffered herniations at T12-L1, L3-L4, and L5-S.
• The plaintiff claimed that he suffered trauma that produced bulges of his L2-L3 and L4-L5 discs.
• The plaintiff claimed that his trauma produced retrolisthesis, involving displacement of vertebrae of his spine’s lumbar region.
• The plaintiff claimed that he developed residual impingement of a spinal nerve and residual impingement of a spial nerve and resultant radiculopathy that stemmed from his spine’s lumbar region.
• The plaintiff underwent physical therapy, the administration of painkilling trigger point injections, and the administration of epidural injections of steroid-based painkillers, but claimed that he continued to have ongoing pain in relation to the accident.
• The plaintiff underwent a lumbar surgery which included a discectomy with excision of a portion of his L3-L4 disc and a laminectomy with excision of a portion of an adjacent vertebra.
• The plaintiff claimed that he suffered residual pain and limitations which will necessitate early retirement.
• The plaintiff claimed that his injuries prevent him from taking part in an active lifestyle.
• The plaintiff claimed that he would likely require further physical therapy and surgery.
• The plaintiff claimed past lost wages of approximately $96,000, future lost wages of approximately $1.8milllion and annual future medical expenses of approximately $11, 250.
• The defense counsel argued that the plaintiff’s injuries were degenerative and that he was able to resume all pre-accident work-related activities.

SETTLEMENT: The parties reached a $3 million pretrial settlement. The defendant tendered a diminishing self-insured retention of $337,887. The defendant’s primary excess insurer agreed to pay $1,662,113 from a policy that provided $5 million of coverage.