New Jersey Verdicts

Plaintiff(s):

Carlo Ceglie (Male, 43 Years)

Plaintiff Attorney(s):

Robert C. Papa Jr.;
Corradino & Papa, LLC;
Clifton,
NJ,
for
Carlo Ceglie

Plaintiff Expert(s):

Alan Meade;
P.E.;
Engineering;
Mount Laurel,
NJ called by
Robert C. Papa Jr. ■ Edmond Provder;
C.R.C.;
Vocational Rehabilitation;
Lodi,
NJ called by
Robert C. Papa Jr. ■ Douglas Holden;
M.D.;
Orthopedic Surgery;
Fair Lawn,
NJ called by
Robert C. Papa Jr. ■ Kristin Kucsma;
M.A.;
Economics;
Livingston,
NJ called by
Robert C. Papa Jr. ■ Michael Wujciak;
M.D.;
Orthopedic Surgery;
Nutley,
NJ called by
Robert C. Papa Jr.

Defendant(s):

Malatesta, 

Metralite Inc., 

Scholes Electric, 

Computer Floors Inc., 

Fromkin Brothers Inc., 

Newport Centre Noc III, 

James G. Kennedy Construction, 

Atlas Acon Electric Service Corp.

Defense Attorney(s):

Joseph Carolan;
Law Office of Joseph Carolan;
Parsippany,
NJ,
for
James G. Kennedy Construction ■ Bonnie H. Hanlon;
Goldberg Segalla LLP;
Princeton,
NJ,
for
Computer Floors Inc. ■ Robert M. Hanlon Sr.;
Goldberg Segalla LLP;
Princeton,
NJ,
for
Computer Floors Inc.

Defendant Expert(s):

Scott Derecter;
Accident Reconstruction;
Edison,
NJ called by
Joseph Carolan

Insurer(s):

Continental Casualty for JGK

On July 21, 2009, plaintiff Carlo Ceglie, 43, an electrical contractor/foreman, was completing his portion of a large renovation project at 499 Washington Boulevard, in Jersey City. Ceglie claimed that he turned a corner in the building while carrying a box that obscured his vision, and he stepped into a hole and fell. The incident occurred on a computer platform 8 inches above the floor. He claimed injuries to his neck, back, and right knee, and a related injury to his hips. Ceglie sued James G. Kennedy Construction (JGK), the general contractor for the project, and Computer Floors Inc., the computer-floor subcontractor. He alleged negligent maintenance and supervision, failure to warn, negligent creation of a dangerous condition, and failure to provide proper, clear, and safe access on a construction site. Also named as defendants were Newport Centre Noc III, Fromkin Brothers Inc., Atlas Acon Electric Service Corp., Malatesta, Metralite Inc., and Scholes Electric. The first three were dismissed by stipulation on behalf of Ceglie. Malatesta and Metralite were let out by summary judgment, and Scholes Electric settled confidentially with Ceglie and third-party plaintiff JGK Construction. Ceglie argued the hole was approximately 2 feet by 2 feet, and had been created by cutting away several tiles that made up the raised platform. He asserted that barricades should have been placed around the hole until the hazard was eliminated. JGK Construction and Computer Floors each blamed the other for the accident. JGK Construction maintained that it had put up plastic curtains around the hole each night. Computer Floors indicated that it had performed work in the area of the hole approximately five days before the accident but did not leave the premises in a dangerous condition; moreover, the company was not at the job site for a number of days, and responsibility for barricading the site rested with JGK Construction. Two of Ceglie’s co-employees testified that the hole was smaller than he claimed, approximately 12 inches by 4 inches. JGK Construction also maintained that portions of Computer Floors’ records, regarding the days it was present after the the hole was created, were inconsistent with other portions, and so its move to shift responsibility to the general contractor should be rejected. Both defendants asserted that Ceglie failed to take due care, and so was comparatively negligent. Ceglie countered that because he was carrying the box, his vision was obscured, and that while simply performing his duties, he was not comparatively negligent.

Ceglie was treated by a doctor three days after the accident for right knee and lower back pain. He maintained that he developed severe radiating pain and weakness in the lumbar area, and that lumbar disc herniations were confirmed by MRI. He had treatment for his disc injuries, which included steroid injections and a steroid pack. He had lumbar fusion surgery on May 10, 2010. Ceglie claimed he developed avascular necrosis of both hips, a known risk of steroid injections. The condition, he said, caused extensive pain and difficulty ambulating, requiring him to undergo bilateral hip replacement surgeries on Jan. 4, 2013, and April 26, 2013. Despite the hip replacement and lumbar fusion surgeries, Ceglie stated that he continues to experience extensive impediments, and everyday physical activities, even tying his shoes, are very painful and difficult. He claimed his condition has further reduced his activities with his children, such as serving as a softball and soccer coach, and that he is also unable to enjoy his passion of motorcycle riding. Ceglie also claimed that due to the limited life expectancy of his hip prosthesis, he will require a future hip replacement, as well as a possible future lumbar fusion, and arthroscopic right knee surgery to treat a torn meniscus. (Ceglie claimed a prior right knee injury, from 1985, and a prior back injury, from the early 1990s. He said his right knee twisted during the fall, and that he landed on his buttocks as he turned to protect the items in the box he was carrying.) In addition, Ceglie stated that he is now permanently unemployable. He claimed $400,000 in past medical costs, and further asked the jury for $1.4 million in damages for future lost earnings, as well as damages for pain and suffering.

The jury found defendant JGK was 60 percent at fault and defendant Computer Floors was 40 percent at fault. Plaintiff was awarded $5,804,401.78 in total damages.

Carlo Ceglie: $490,402 Personal Injury: Past Medical Cost; $371,000 Personal Injury: Past Lost Earnings Capability; $1,443,000 Personal Injury: Future Lost Earnings Capability; $750,000 Personal Injury: Past Pain And Suffering; $2,750,000 Personal Injury: Future Pain And Suffering

Judge:

Patrick Arre

Trial Length:

6
 days

Trial Deliberations:

3
 hours

Jury Vote:

unanimous

Post Trial:

Computer Floors has filed an appeal of the verdict.

This report is based on information that was provided by plaintiff’s counsel and defense counsel for James G. Kennedy Construction. Defense counsel for Computer Floors did not respond to the reporter’s phone calls