New York Verdicts

Plaintiff(s):

Clive Parchment , 

Dorothy Parchment (Female, 50 Years)

Plaintiff Attorney(s):

Jason Tenenbaum;
The Law Office of Jason Tenenbaum, P.C., Garden City, NY, of counsel, The Law Offices of Scott A. Felicetti;
Huntington,
NY,
for
Clive Parchment, Dorothy Parchment

Plaintiff Expert(s):

Eric Spencer; M.D.; Orthopedic Surgery; Yonkers,
NY called by:
Jason Tenenbaum ■ John Olsewski; Orthopedic Surgery; Bronx,
NY called by:
Jason Tenenbaum

Defendant(s):

TJX Cos. Inc.

Defense Attorney(s):

Thomas F. Cerussi;
Cerussi & Spring, P.C.;
White Plains,
NY,
for
TJX Cos. Inc.

Defendant Expert(s):

Carl Rosenkilde;
Neurology;
Mount Kisco,
NY called by:
Thomas F. Cerussi ■ Isaac Cohen;
Orthopedic Surgery;
Rockville Centre,
NY called by:
Thomas F. Cerussi

Insurer(s):

Zurich North America

On Sept. 12, 2011, plaintiff Dorothy Parchment, 50, an office’s manager, fell while she was shopping at a department store that was located at 750 Central Park Ave., in Yonkers. She claimed that she sustained injuries of her neck, a shoulder and a wrist. Parchment sued the store’s operator, The TJX Cos. Inc. Parchment alleged that the store’s staff was negligent in its maintenance of the premises. She further alleged that the staff’s negligence created a dangerous condition that caused the accident. Parchment claimed that she slipped in a puddle that was located in one of the store’s shopping aisles. She claimed that the puddle was a result of water having leaked out of an air-conditioning unit that was located above the aisle. Defense counsel contended that the store’s staff had not been aware of the puddle and had not received notice of any malfunction related to the air-conditioning unit. He claimed that the store’s maintenance records did not document the air conditioner having been serviced before or well after the accident. Defense counsel also contended that the puddle was created by Parchment or one of two young girls that were shopping with Parchment. A shopper claimed to have seen one of the girls running into the store, carrying a bottle or cup. One of the store’s managers claimed that he had been in the area of the accident some five minutes prior to Parchment’s fall, and he further claimed that he did not notice a puddle. Parchment and the young girls claimed that they were not carrying beverages.

The trial was bifurcated. Damages were not before the court. Parchment was placed in an ambulance, and she was transported to Lawrence Hospital Center, in Bronxville. She claimed that her neck and her left, nondominant arm’s shoulder were painful. She underwent minor treatment. Parchment ultimately claimed that the accident aggravated pre-existing herniations of her C5-6 and C6-7 intervertebral discs. She also claimed that she sustained a tear of her left shoulder’s supraspinatus tendon, which is an element of the rotator cuff, a tear of the same shoulder’s glenoid labrum and a tear of her left wrist’s triangular fibrocartilage complex. Parchment had been undergoing physical therapy that addressed her herniated discs. The treatment continued after the accident. She also underwent physical therapy that addressed her left shoulder. Parchment claimed that she experienced ongoing pain. On Oct. 5, 2011, she underwent arthroscopic surgery that addressed her left shoulder. On Dec. 13, 2011, she underwent fusion of her spine’s C5-6 and C6-7 levels. Parchment claimed that her injuries prevented her performance of about nine months of work. She further claimed that her neck, her left shoulder and her wrist remain painful and that she suffers a residual diminution of each area’s range of motion. She claimed that her residual effects hinder her performance of her household chores. Parchment sought recovery of past lost earnings, damages for past pain and suffering, and damages for future pain and suffering. Her husband sought recovery of damages for loss of services. Defense counsel contended that the injuries of Ms. Parchment’s neck and left shoulder were not related to the accident. He also contended that her left shoulder’s surgery was not necessary.

The jury rendered a defense verdict. It found that TJX was not liable for the accident.

Judge:

Orazio R. Bellantoni

Demand:

$275,000 (total, by both plaintiffs)

Offer:

$52,500 (total, for both plaintiffs)

Trial Length:

2
 days

Trial Deliberations:

30
 minutes

Jury Vote:

6-0

Jury Composition:

2 male/ 4 female

This report is based on information that was provided by defense counsel. Additional information was gleaned from court documents. Plaintiffs’ counsel did not respond to the reporter’s phone calls.