Pennsylvania Verdicts

Plaintiff(s):

Daniel Haynie , 

Rebecca Haynie (Female, 30 Years)

Plaintiff Attorney(s):

Tyler J. Therriault;
Donaghue & Labrum LLP;
Media,
PA,
for
Daniel Haynie, Rebecca Haynie

Plaintiff Expert(s):

William Murphy; D.O.; Physical Medicine; Media,
PA called by:
Tyler J. Therriault

Defendant(s):

Media Real Estate Co., 

Commonwealth Real Estate Investors

Defense Attorney(s):

James H. Lutz;
Lutz & Associates, P.C.;
Media,
PA,
for
Media Real Estate Co., Commonwealth Real Estate Investors

Defendant Expert(s):

Ira Sachs;
Orthopedic Surgery;
Philadelphia,
PA called by:
James H. Lutz

On June 19, 2014, plaintiff Rebecca Haynie, a teacher in her early 30s, was exiting a strip mall in Swarthmore. She inadvertently stepped with her left foot into a depression full of sand, weeds, and grass. Her left ankle rolled, and she extended her right leg to catch herself. In doing so, she fractured her right ankle. Haynie sued property-owners Commonwealth Real Estate Investors and Media Real Estate Co., alleging negligence for allowing a dangerous condition on the premises. At trial, it was determined that the two companies were the same entity. Haynie’s counsel presented photographs of the 8-inch depression to argue that the owner failed to ensure a safe premises. The defense counsel contended that the depression was open and obvious, that Haynie failed to pay attention to where she was walking, and that she was therefore contributorily negligent.

Haynie was with her mother at the time, and her mother drove her to an emergency room. Haynie’s ankle was X-rayed and she was diagnosed with a right bimalleolar fracture. She was discharged and told to follow up with an orthopedic surgeon, which she did the next day. Five days later, Haynie had open reduction and internal fixation surgery, and a plate and six screws were implanted. Haynie remained non-weight-bearing in the ensuing weeks and eventually started a month of physical therapy, which included exercise. In September, she underwent another surgery to have a screw in her ankle removed. She resumed physical therapy for another two months. No further treatment was rendered. Haynie’s expert in physical medicine opined that she suffered arthritis from the fracture which will progress as she ages, since arthritis is a progressive condition. The expert recommended future physical therapy and potential surgeries to remove the hardware and/or fuse the ankle. Haynie sought to recover $20,000 to $100,000 in future medical costs. Haynie testified that she continues to experience swelling and soreness, especially during cold and rainy weather. She can no longer wear high heels or perform high-impact activities. She also complained of pain from her job as a teacher, since she has to be on her feet for most of the day. She sought damages for past and future pain and suffering, and her husband sought damages for a claim for loss of consortium. The defense’s expert in orthopedic surgery, who examined Haynie, acknowledged her ankle fracture and treatment, but disputed that she suffered arthritis and the need for future treatment.

The jury found that the property owner was 95 percent liable and Haynie 5 percent liable. Haynie was determined to receive $68,000, which was accordingly reduced to $64,600.

Rebecca Haynie: $25,000 Personal Injury: Future Medical Cost; $43,000 Personal Injury: pain and suffering

Actual Award:

$64,600

Judge:

G. Michael Green

Trial Length:

2
 days

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.