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$19,550,157 VERDICT – Product Liability – Asbestos Expsoure – Carpenter contracts ... - page 27 / 32

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SUPPLEMENTAL VERDICT DIGEST

27

$1,480,000 VERDICT - PREMISES LIABILITY - FALL DOWN - PLAINTIFF EXITS PASSENGER SIDE OF CAR IN CAR WASH - SLIP AND FALL ON SOAPY WATER - CLOSED HEAD TRAUMA - MILD TBI - COGNITIVE DEFICITS - TEAR OF DOMINANT ROTATOR CUFF - ARTHROSCOPIC SURGERY - CERVICAL HERNIATION - INDICATION FOR SURGERY.

Kings County, NY

This case involved a plaintiff, in her mid 50s, who was a passenger in a car that was brought to the defendant’s car wash and who slipped and fell as she was exiting the car. The plaintiff contended that although the defendant should be required to have the area for individuals exiting vehicles delineated as behind the “zipper drain” that is required to separate solvents from water before it enters the water system, it did not do so because of lack of space and that it should have placed safeguards, such as rubber mats and/or warning signs, immediately outside of the point patrons would be exiting vehicles. The plaintiff maintained that as she exited, she slipped and fell. The plaintiff contended that she suffered a closed head injury that caused a mild TBI manifesting in

headaches and extensive difficulties with memory and concentration. The plaintiff further contended that she suffered a rotator cuff tear to the right, dominant shoulder that required arthroscopic surgery and a cervical herniation for which surgery is indicated.

The jury found the defendant 100% negligent and awarded $1,480,000.

REFERENCE

Rogers vs. Hi-Tek United Corp. Index no. 014717/08; Judge Kenneth P. Sherman, 02-04-11.

Attorney for plaintiff: Herbert Rodriguez, Jr. of Schwartz Goldstone & Campisi, LLP in New York, NY.

$1,276,000 RECOVERY - PREMISES LIABILITY - HAZARDOUS PREMISES - ONE TON LOAD OF PIPE FALLS ON PLAINTIFF FROM FORKLIFT - SEVERE CRUSH INJURIES - AMPUTATION.

Bexar County, TX

In this action for active negligence and premises liability, the plaintiff alleged that the defendants’ combined negligence caused him to incur severe crush injuries necessitating amputation. The defendants generally denied the allegations and claimed that the plaintiff was guilty of contributory negligence.

Ultimately, this matter settled at mediation with a $1,276,000 recovery for the plaintiff.

REFERENCE

Edward Schmidtka vs. DPT Laboratories, Ltd., Greatwide Cheetah Transportation, LLC and Michael McCurry. Case no. 2009-CI-13588; Judge Karen Pozza, 01-28-11.

Attorneys for plaintiff Edward Schmidtka: Rudy A. Garza and Stephen F. Lazor of Garza & Lazor, P.C. in San Antonio, TX. Attorneys for defendant Greatwide Cheetah Transportation, LLC and Michael McCurry: Michael B. Langford (Pro Hac Vice) of Scopelitis, Garvin, Light, Hanson & Feary, P.C. in Indianapolis, IN, and Darrell F. Smith of Ball & Weed in San Antonio, TX. Attorney for defendant DPT Laboratories, Ltd., Defendant and Third-Party Plaintiff: Jennifer Gibbons-Durbin of Allen, Stein & Durbin, P.C. in San Antonio, TX. Attorney for defendant DCI, Inc. (Third-Party Defendant): Mark S. Strandmo of Brock Person Guerra Reyna P.C. in San Antonio, TX. Attorney for defendant Gilbert Industries, Inc. d/b/a GS Stainless (Third Party Defendant): Sean M. Crowley of Thompson Coe Cousins & Irons LLP in Austin, TX.

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New York Jury Verdict Review & Analysis

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