Pennsylvania Verdicts

Amount:

$450,000

Type:

Verdict-Mixed

State:

Pennsylvania

Venue:

Philadelphia County

Court:

Philadelphia County Court of Common Pleas

Injury Type(s):

Case Type:

Premises Liability – Apartment, Parking Lot, Snow and IceSlips, Trips & Falls – Slips, Trips & Falls, Slip and FallPremises Liability – Dangerous Condition, Negligent Repair and/or Maintenance

Case Name:

Carmen Conte v. Blair Mill Village East Apartments, Blair Mill Associates L.P., Blair Mill Associates L.L.C., The DePaul Group, DePaul Management Co., DePaul Management Group Inc., Hartman Landscaping, and Hartman Landscape Nursery Inc.,
No. 111202022

Date:

June 19, 2013

Plaintiff(s):

Carmen Conte (Male, 70 Years)

Plaintiff Attorney(s):

Joseph B. Mayers;
Mayers, Mennies & Sherr, LLP;
Blue Bell,
PA,
for
Carmen Conte

Plaintiff Expert(s):

Marc Manzione;
M.D.;
Orthopedic Surgery;
Huntington Valley,
PA called by
Joseph B. Mayers ■ Carlton Silver;
M.D.;
Internal Medicine;
Glenside,
PA called by
Joseph B. Mayers

Defendant(s):

The DePaul Group, 

Hartman Landscaping, 

DePaul Management Co., 

Blair Mill Associates L.P., 

Blair Mill Associates L.L.C., 

DePaul Management Group Inc., 

Hartman Landscape Nursery Inc., 

Blair Mill Village East Apartments

Defense Attorney(s):

Steven N. Cherry;
Mintzer Sarowitz Zeris Ledva & Meyers L.L.P.;
Philadelphia,
PA,
for
The DePaul Group, DePaul Management Co., Blair Mill Associates L.P., Blair Mill Associates L.L.C., DePaul Management Group Inc., Blair Mill Village East Apartments ■ J. Vincent Roche;
Margolis Edelstein;
Philadelphia,
PA,
for
Hartman Landscaping, Hartman Landscape Nursery Inc.

Defendent Expert(s):

Joseph Bernstein;
Orthopedic Surgery;
Philadelphia,
PA called by
Steven N. Cherry, J. Vincent Roche

Insurer(s):

Tower Group Companies for Blair Mill Associates L.L.C., Blair Mill Village East Apartments, Blair Mill Associates L.P., The DePaul Group, DePaul Management Co., DePaul Management Group Inc.
Erie Indemnity Co. for Hartman Landscape Nursery Inc. and Hartman Landscaping

On Dec. 21, 2009, plaintiff Carmen Conte, 70, a grocery worker, attempted to access his automobile parked in his apartment complex at the Blair Mill Village East Apartments, located at 3855 Blair Mill Road in Horsham. The area had recently received about a 18 inches of snowfall, and Conte, having not worked for the past two days due to the inclement weather, made his way to his vehicle which was parked at the bottom of a hill. Conte claimed that since the apartment complex’s walkways were still covered with snow and ice, he walked on the grass, which led him down a slope toward his parked vehicle. He alleged that with his left foot situated in the grass, he stepped onto the parking lot with his right foot, and in doing so slipped and fell on his right (dominant) arm, fracturing it. Conte sued property owner Blair Mill, management company DePaul Management Co. and Hartman Landscaping, which was hired to administer snow-removal services, for premises liability. Conte‘s counsel maintained that Blair and DePaul owed a duty to Conte, both contractually and as a business invitee, to ensure that the property was free of known dangerous conditions, and that the parties failed in said duty. Hartman, according to Conte‘s attorney, also failed in its contractual responsibilities to Blair and DePaul by insufficiently removing snow and ice from the premises. Counsel for Blair and DePaul maintained that the property owner and manager upheld their duties to Conte by ensuring that the apartment complex was absent of any dangerous conditions; however, given the extreme wintry conditions, it was not possible to clear every inch of the property of snow and ice. The defense blamed Conte for the accident, claiming he observed the potentially treacherous conditions, yet chose to test them. Hartman’s counsel asserted that the company was responsible for plowing/clearing vacated parking stalls as well as the driving lanes and all open areas at the apartment complex.

Conte was taken by ambulance to an emergency room where he was diagnosed with a mid-shaft transverse fracture to his humerus. He was placed in a splint and immobilized for approximately two months, during which time he consulted with an orthopedist. Concurrently, Conte underwent a three-month course of physical therapy and received home health care in which an aide assisted him in activities of daily living three times a week. Unable to receive further medical coverage, Conte‘s treatment ended on April 4, 2010. Conte‘s family doctor attributed Conte‘s injury and treatment to the fall. Conte‘s expert in orthopedic surgery opined that the accident caused Conte to develop frozen shoulder, a permanent condition that Conte began experiencing (symptoms included stiffness) during the course of his recovery. The condition, according to Conte, prevents him from extending his right arm above his head. He claimed that he was forced to reduce his workweek from 36 hours to 22, and his job duties as a bagger, cart collector, stocker and dishwasher were compromised. Conte said that his frozen shoulder does not allow him to perform certain activities and movements, such as overhead lifting, putting on a heavy jacket, or lifting heavy items. Conte sought to recover approximately $8,500 in past medical expenses and $4,450 in past lost wages, having missed three months of work. He also sought to recover unspecified amounts in non-economic damages for past and future pain and suffering. Although Conte had a claim for future wage loss, he did not board any dollar amounts. The defense’s expert in orthopedic surgery acknowledged that Conte suffered a humeral fracture and partially frozen shoulder from the accident. However, the expert opined that Conte had a preexisting, degenerative shoulder condition — Conte suffered a right rotator-cuff tear in a motor-vehicle accident in April 2008 — therefore, the cause of the loss of range of motion was indeterminate. Conte claimed that the last time he felt shoulder pain was about 18 months before the slip and fall. Conte‘s counsel relied upon the testimonies of his family physician and nephew to argue that Conte did not demonstrate any shoulder limitations before the subject accident.

The jury found 100 percent negligence and causation against the Blair Mill and DePaul entities. No negligence was found against Hartman. Conte was awarded $450,000 in damages.

Judge:

Esther R. Sylvester

Demand:

$215,000

Offer:

$30,000 (offered by Blair Mill and DePaul)

Trial Length:

6
 days

Trial Deliberations:

4.5
 hours

Post Trial:

Counsel for Blair Mill and DePaul filed motions challenging the verdict amount and asserting various trial errors.

This report is based on information provided by counsels for all parties involved.