Estate of Michael Murphy v. ABC Corp. (Unamed International Company) and DEF Corp. (Unnamed grounds company)

N/A

OUTCOME: Settlement after 3 days of trial, $1,150,000

Plaintiff’s decedent was a 47 year-old teamster, working on a long term basis as a yard jockey at ABC Corp’s Chester, PA plant. He was earning about $50,000 per year. On January 19, 2004, so ... me 18 hours after the last precipitation, he was told back a trailer up to a particular loading dock at the defendant’s facility. When he stepped from the cab of his tractor he encountered a patch of ice, as a result of which his left foot slipped out from under him, and his right foot became entangled in the step of the cab, resulting in open fractures of his right lower leg. He was taken directly to Crozier-Chester Hospital, where he was admitted with a diagnosis of a Grade I open tibia-fibula fracture. During a four day in-patient hospitalization he underwent an ORIF, with insertion of an intramedullary rod and locking screws in the right tibia. Due to the failure of the fractures to mend, plaintiff was readmitted to Crozier-Chester and underwent a second procedure to remove the 2 locking screws in the hope of promoting healing. By May, 2004 plaintiff grew dissatisfied with his progress and transferred his care to Steven Raiken, M.D. of the Rothman Institute at Jefferson Hospital. Dr. Raiken removed the previous hardware and inserted a side plate, auto graft material and multiple screws. A further extension of the fracture which occurred during physical therapy resulted in yet another surgery, with a longer side plate, additional screws and allo graft. Despite the four surgical procedures and the implantation of an internal stimulator, the fractures did not heal. Plaintiff was still disabled and taking high doses of pain medication when he died suddenly, on April 1, 2007, at age 50, over three years from original injury date. The case was already in suit and nearing the discovery deadline when the plaintiff died. A private autopsy determined the cause of death to be an adverse reaction to pain medication (Fentynal and Xanax) prescribed for the original fall. The Complaint was then amended to assert wrongful death and survival claims against the original defendants. Plaintiff left behind a widow and three children, one of whom was a minor. Plaintiff’s economic damages report was revised after the death. The loss to the estate was estimated at $950,000, not including guidance and tutelage. There were no eye witnesses to plaintiff’s fall and liability was strongly contested from the start. Defendants denied even the presence of ice or that it had caused the plaintiff’s fall. Defendants also contested the cause of death, arguing with some force that the cause was intentional misuse or accidental overdose of the medications. Although the defendants’ Frye motions to preclude the testimony of plaintiff’s pathologist were denied, the issue of ABC Corp.’s statutory employer immunity had been ruled a jury question, to be decided by special interrogatories, increasing the risk at trial to plaintiff. After 3 days of trial and the presentation of several of plaintiff's expert witnesses, a settlement was reached in the amount of $1,150,000.