New York Verdicts
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Amount:
$1,000,000
Type:
Verdict-Plaintiff
State:
New York
Venue:
Bronx County
Court:
Bronx Supreme
Injury Type(s):
arm-fracture, humerus;
other-arthritis; other-physical therapy; other-comminuted fracture; shoulder-fracture, shoulder
Case Type:
Premises Liability – Hospital; Slips, Trips & Falls – Falldown; Premises Liability – Failure to Warn, Dangerous Condition, Negligent Repair and/or Maintenance
Case Name:
Dorothy Jones v. NY Presbyterian Hospital a/k/a Columbia University Medical Center, & New York-Presbyterian Healthcare System, Inc,
No. 301984/11
Date:
February 11, 2016
Plaintiff(s):
Dorothy Jones (Female, 84 Years)
Plaintiff Attorney(s):
Seth A. Harris;
Burns & Harris;
New York,
NY,
for
Dorothy Jones ■ Wayne A.J. Wattley;
of counsel, Burns & Harris;
New York,
NY,
for
Dorothy Jones
Plaintiff Expert(s):
Gabriel Dassa; D.O.; Orthopedic Surgery; Bronx,
NY called by:
Seth A. Harris, Wayne A.J. Wattley
Defendant(s):
New York-Presbyterian Hospital,
New York-Presbyterian Healthcare System Inc.
Defense Attorney(s):
Scott W. Pearl;
Luca & Pearl, LLP;
New York,
NY,
for
New York-Presbyterian Hospital, New York-Presbyterian Healthcare System Inc.
On Feb. 16, 2011, plaintiff Dorothy Jones, 84, fell while she was entering a hospital that was located at 180 Fort Washington Ave., in the Washington Heights section of Manhattan. She struck a glass door, and she sustained an injury of a shoulder. Jones sued the hospital’s operators, New York-Presbyterian Hospital and New York-Presbyterian Healthcare System Inc. Jones alleged that the defendants were negligent in their maintenance of the premises. She further alleged that the defendants’ negligence created a dangerous condition that caused the accident. Jones claimed that her left foot became tangled in a mesh surgical cap that had been discarded on the floor of the hospital’s vestibule, that she lost her balance, that her right foot became caught in a depression created by the absence of a floor tile, and that she fell forward, onto an interior glass door. She claimed that the hospital’s staff had merely placed a mat on the broken section of the floor. Jones’ counsel argued that the vestibule’s condition constituted a hazard, that the hospital’s staff had been aware of the hazard, and that the staff failed to address the condition or post a warning. Defense counsel claimed that the hospital’s staff had not received notice of the discarded surgical cap. He also claimed that the mat-covered depression would not have caused a fall or a loss of balance, and he argued that Jones’ fall was not a result of the missing tile.
Jones sustained a comminuted fracture of the humeral component of her right, dominant arm’s shoulder. She was placed in an ambulance, and she was transported to a hospital. Her right arm was placed in a sling. Jones quickly commenced a course of supervised in-home physical therapy that largely comprised gentle exercises. The treatment lasted about nine months. She also underwent administration of two pain-relieving injections, and she was prescribed another painkiller: Percocet. Jones claimed that she experienced ongoing pain. A doctor opined that her fracture had not properly healed. A surgeon recommended an osteoplasty or, alternatively, an osteotomy. Either surgery would have involved repair and/or reshaping of bone. Jones declined to undergo either procedure. She claimed that she feared possible residual effects related to her age. Jones further claimed that her right shoulder has developed residual arthritic pain, that she cannot easily lift her right arm, that her residual effects prevent her independent performance of tasks such as cleaning, cooking and shopping, and that her residual effects hinder her independent performance of hygienic tasks, such as bathing herself and relieving herself. Jones’ expert orthopedist opined that Jones may require replacement of the right shoulder. The parties stipulated that Jones’ past medical expenses totaled $8,445.58. Jones sought recovery of that amount, damages for past pain and suffering, and damages for future pain and suffering. The defense’s expert orthopedist opined that Jones’ right shoulder exhibits a functional range of motion, that an X-ray revealed that her fracture healed, that her right shoulder has not developed arthritis, and that she does not require additional treatment.
The jury found that the defendants were liable for the accident. It determined that Jones’ damages totaled $1 million. After addition of the stipulated medical expenses, Jones’ recovery totaled $1,008,445.58.
Dorothy Jones: $600,000 Personal Injury: Past Pain And Suffering; $400,000 Personal Injury: Future Pain And Suffering
Actual Award:
$1,008,445.58
Judge:
Kenneth L. Thompson Jr.
Demand:
$400,000
Offer:
$100,000
Trial Length:
11
days
Trial Deliberations:
1.75
hours
Jury Vote:
6-0
Jury Composition:
2 male/ 4 female
Post Trial:
Defense counsel has expressed an intent to challenge the verdict.
This report is based on information that was provided by plaintiff’s and defense counsel.