New York Verdicts

Plaintiff(s):

Manuel Casais (Male), 

Jamiyansuren Jadamba (Male, 31 Years)

Plaintiff Attorney(s):

Daniel T. Leav;
Leav & Steinberg, L.L.P.;
New York,
NY,
for
Manuel Casais, Jamiyansuren Jadamba

Plaintiff Expert(s):

Norman Schulman;

Plastic Surgery/Reconstructive Surgery;
New York,
NY called by
Daniel T. Leav

Defendant(s):

City of New York, 

Sounds of Brazil, 

Hensam Enterprises Inc., 

New York City Police Department, 

Consolidated Edison Company of New York Inc.

Defense Attorney(s):

Kevin Connolly;
Assistant Corporation Counsel, Zachary W. Carter, Corporation Counsel;
New York,
NY,
for
City of New York, New York City Police Department ■ None reported;

for
Sounds of Brazil, Hensam Enterprises Inc., Consolidated Edison Company of New York Inc.

Defendant Expert(s):

Alexander McMeeking;
Infectious Diseases;
New York,
NY called by
Kevin Connolly

During the early morning hours of Aug. 3, 2008, plaintiff Jamiyansuren Jadamba, 31, an investment banker, and plaintiff Manuel Casais patronized a nightclub that was located at 204 Varick St., in the Hudson Square section of Manhattan. During the course of the morning, Casais and Jadamba became involved in an altercation with members of the club’s security staff. Casais and Jadamba were wrestled onto a sidewalk. Police officers arrived, and Jadamba was handcuffed while he was being restrained on the sidewalk. Casais and Jadamba claimed that they were restrained while resting on a hot manhole cover. Casais claimed that he sustained burns of his buttocks, and Jadamba claimed that he sustained burns of an arm and his knees. The incident ended without arrests. Casais and Jadamba sued the police officers’ employers, the city of New York and the New York City Police Department; the security guards’ employers, Hensam Enterprises Inc. and Sounds of Brazil; and the manhole cover’s maintainer, Consolidated Edison Company of New York Inc. Casais and Jadamba alleged that the police officers utilized excessive force, that the city of New York and the New York City Police Department were vicariously liable for the officers’ actions, that the security guards’ actions constituted battery, that Hensam Enterprises and Sounds of Brazil were vicariously liable for the guards’ actions, that Consolidated Edison was negligent in its maintenance of the manhole cover, and that Consolidated Edison’s negligence created a dangerous condition that contributed to their injuries. The plaintiffs, Hensam Enterprises and Sounds of Brazil negotiated a pretrial settlement. Each plaintiff recovered $50,000. Consolidated Edison was dismissed, and Casais discontinued his claims against the remaining defendants. The matter proceeded to a trial that addressed Jadamba’s claims against the city of New York and the New York City Police Department. Jadamba claimed that the nightclub’s security guards restrained him in a position in which his right arm was resting on an extremely hot manhole cover. He further claimed that one or more police officers later moved his knees onto the manhole cover. He also claimed that police officers ignored his cries of pain. Casais claimed that he heard Jadamba yelling while being restrained. Defense counsel suggested that Jadamba’s burns were not sustained during the incident. The police officers claimed that the manhole cover was not dangerously hot. One of the club’s security guards agreed, and he claimed that he had not noticed heat emanating from the sidewalk during the 15 years that preceded the incident. The guard also claimed that Jadamba did not state that he was being burned. One police officer claimed that Jadamba declined immediate medical attention. Defense counsel noted that Jadamba told a treating doctor that he was burned during a motorcycling accident. However, Jadamba claimed that he did so to deflect attention from the nightclub incident, to protect the reputation of his father, a Mongolian diplomat.

Jadamba claimed that he sustained burns of his knees and his right arm. After one day had passed, he presented to his family doctor. He was referred to another doctor, who prescribed a topical ointment. Jadamba’s right arm became swollen and developed cellulitis: an infection of skin. He was admitted to a hospital, where he underwent intravenous administration of antibiotics. He ultimately required debridement of necrotic tissue and the application of grafts of skin. He endured four hospitalizations. Jadamba retains permanent disfiguring scars of his knees and his right arm. He sought recovery of a total of $900,000 for past and future pain and suffering. Casais claimed that he sustained burns of his buttocks. He sought recovery of damages for past and future pain and suffering. The defense’s infectious-diseases expert opined that Jadamba’s infection and resultant need for grafting were products of Jadamba’s failure to properly treat his burns. Plaintiffs’ counsel reported that Jadamba spent two to three weeks in Mongolia between his first and second hospitalizations.

The jury rendered a defense verdict. It found that Jadamba was not subjected to an excessive degree of force.

Judge:

Frank P. Nervo

Trial Length:

3
 weeks

Trial Deliberations:

4
 hours

Jury Vote:

5-1

Jury Composition:

2 male/ 4 female

This report is based on information that was provided by plaintiffs’ counsel, counsel of the city of New York and counsel of the New York City Police Department. Additional information was gleaned from court documents. The remaining defendants’ counsel was not asked to contribute.