Calabrese v. The Mill Restaurant

John J Scura III

Case Conclusion Date:April 4, 2011

Practice Area:Personal Injury

Outcome:$750,000 Recovery

Description:While plaintiff attended her daughter's wedding at defendant The Mill’s restaurant, the father of the groom, fell from the top of the stair case down to the bottom crushing plaintiff, who was at the bottom of the stairs on the landing. The father of the groom claimed that he could not grab the handrails on the staircase due to the garland being wrapped around them. Plaintiff's expert engineer was prepared to testify that having garland completely wrapped around the railings was negligence on the part of the Mill and that stair configuration was defective because of the inadequate tread depth and configuration of the railings being too small and too close to the wall. Plaintiff contended that these factors, combined with Defendant Giuffrida’s negligence, resulted in her injuries. During discovery, plaintiff learned that The Mill had a renovation of the stairs approximately two years before this incident. As a result, various contractors and the architect that performed the renovations were later brought into the case as defendants based upon the claimed defective stair configuration. Plaintiff sustained a compound elbow fracture and shoulder fracture resulting in five separate surgeries: two on the elbow and three on the shoulder. Plaintiff was 73 years old at the time of the accident and retired. She ultimately had a reverse shoulder replacement surgery to help alleviate some of the pain and symptoms on the shoulder due to her initial shoulder replacement surgery not working. Plaintiff obtained a recovery of $750,000.

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