New York Verdicts

Plaintiff(s):

Estate of Gene Hop (Male, 57 Years)

Plaintiff Attorney(s):

Daniel J. Hansen;
Hansen & Milch LLP;
New York,
NY,
for
Estate of Gene Hop ■ Douglas Milch;
Hansen & Milch LLP;
New York,
NY,
for
Estate of Gene Hop

Defendant(s):

Fran Hirth, 

Jack Hirth, 

Philip Hirth, 

Sander Hirth, 

Sidney Hirth, 

550 Ocean Avenue LLC, 

Philip and Jack Hirth Real Estate Co.

Defense Attorney(s):

Vincent P. Pozzuto;
Cozen O’Connor;
New York,
NY,
for
Fran Hirth, Jack Hirth, Philip Hirth, Sander Hirth, Sidney Hirth, 550 Ocean Avenue LLC, Philip and Jack Hirth Real Estate Co.

Insurer(s):

American International Group Inc. for all defendants

During the evening of May 30, 2004, plaintiff’s decedent Gene Hop, 57, a maintenance foreman, was assaulted and robbed. The incident occurred near the entrance to his residence, an apartment building that was located at 550 Ocean Ave., in the Prospect Park South section of Brooklyn. Hop sustained an injury of his head, and he died after five days had passed. Hop’s widow, Kunthea Muong, and the couple’s son, Chan Mony Nhean, acting as administrators of Hop’s estate, sued the premises’ owner, 550 Ocean Avenue LLC; the premises’ manager, Philip and Jack Hirth Real Estate Co.; and the latter agency’s employees, Fran Hirth, Jack Hirth, Philip Hirth, Sander Hirth and Sidney Hirth. The estate alleged that the defendants were negligent in their maintenance of the premises. The estate further alleged that the defendants’ negligence created a dangerous condition that permitted the assault and robbery. The estate’s counsel claimed that the assault and robbery occurred inside a gated alley that led to Hop’s apartment. Hop was found several feet inside of the gate, with grocery bags strewn about him. The estate’s counsel claimed that the gate’s lock was frequently inoperative, that it had been broken during the entirety of the week that preceded the incident and that the defendants had been aware of the lock’s malfunctions. They also noted that Hop had been attacked in the same location twice before and that Hop, his family and the building’s superintendent were the only parties who possessed a key for the gate’s lock. Defense counsel contended that the estate’s counsel could not establish that Hop’s assailant had reached the alley via the gate. He also contended that the assault and robbery were premeditated and that, therefore, there was no nexus to negligence. Defense counsel moved for summary judgment of liability, and the motion was granted. The estate’s counsel appealed, and the appellate division, Second Department, reversed. The Second Department opined that the defense did not present evidence to negate a reasonable inference that the attack occurred in the alley and that Hop’s assailant entered the alley via the alley’s gate.

Hop sustained a blunt-force-induced injury of his head, with resultant effects that included a fracture of his skull, subdural hematomas and hemorrhagic contusions. He became unconscious. Hop was placed in an ambulance, and he was transported to Kings County Hospital Center, in Brooklyn. He underwent a craniectomy and two ventriculostomies, which involved catheterization of the brain’s fluid-filled spaces. Hop regained consciousness for a period of about two hours before becoming comatose. He did not regain consciousness, and his condition deteriorated. He developed intracranial hypertension, another subdural hematoma, bronchopneumonia, a pulmonary edema and pleural effusion, and he required mechanical control of his respiration. He died after five days had passed. Hop, 57, died on June 4, 2004. He was survived by a wife and four children. Hop’s estate sought recovery of wrongful-death damages that included damages for Hop’s pain and suffering.

The parties negotiated a pretrial settlement. The defendant’s insurer agreed to pay $900,000. The settlement included an immediate payment of $650,000. The remaining funds were designated for an investment vehicle that will provide future payments. The settlement was finalized via the guidance of mediator Robert Adams, of National Arbitration and Mediation Inc.

Judge:

Robert Adams

This report is based on information that was provided by plaintiff’s counsel. Additional information was gleaned from court documents, an article that was published by the Brooklyn Daily Eagle and an article that was published by the Daily News. Defense counsel did not respond to the reporter’s phone calls.