Plaintiff, 40 years old on the date of accident was entering a Citizens Bank in Newtown, Pennsylvania when she slipped and fell on a wet tile floor in a gap between the entrance door and mat that had been placed due to rainy conditions. Deposition of the Assistant Manager on duty at the time disclosed that no inspection had been done in the one hour from the time that the bank opened until Mrs. Levy’s fall, and that the mat that was placed has been done so improperly, leaving a large area between the entrance and the mat. No wet floor sign had been put up nor had there been any attempt to mop the wet area before Plaintiff fell.
Plaintiff’s sustained a neck injury and eventually underwent a successful cervical fusion. Defendant’s medical expert disputed the relationship of the surgery to Plaintiff’s fall as Ms. Levy had been essentially discharged from medical treatment several months after the incident and then had a sudden recurrence and worsening of her neck pain.
Although the incident occurred in Bucks County and Plaintiff resided in Bucks County, the lawsuit was successfully filed in Philadelphia County, a much more favorable venue and the case settled for $285,000.00 following a Pre-Trial Settlement Conference.
Bonifazi vs. August F. Ventura, et al
Slip and fall accident
This claim arose out of a fall in 2009 in Somerset County, New Jersey. Plaintiff, age 40 at the time, was employed as a packer at a company which rented space in a large office building. As Plaintiff was descending exterior concrete steps, she fell as a result of an accumulation of pebbles/debris due to improper maintenance of the steps.
A lawsuit was filed against the owners of the building who denied liability claiming that they were unaware of the defective conditions which caused the fall and that the Plaintiff's employer was responsible for maintaining the steps according to the lease agreement.
Plaintiff underwent a lumbar laminectomy, however the surgery failed to resolve her symptoms and she was diagnosed with arachnoiditis or scar tissue around the surgical site. A spinal cord stimulator was recommended as the only method by which to relieve her chronic pain symptoms but Plaintiff declined the implantation of the device.
Plaintiff, age 40 years old at the time of the fall was unable to return to work and Plaintiff’s vocational expert offered an opinion that she was permanently disabled from any gainful employment. Another expert, a Life Care Planner prepared a report estimating the future medical costs to treat Plaintiff's chronic pain.
Shortly before trial, the case settled for $600,000.00.
Johnson v. American Pool Enterprises, inc, et al
Plaintiff, a resident of Trenton, New Jersey, was a passenger in an automobile involved in motor vehicle accident in Maryland as a result of which she sustained a fracture to her knee and ultimately underwent a total knee replacement. According to Plaintiff’s orthopedic surgeon, Plaintiff required continuing medical treatment for her knee related problems.
An expert on behalf of Plaintiff prepared a report projecting Plaintiff’s future medical expenses. Unfortunately, during the course of the litigation, Plaintiff was diagnosed with metastatic lung cancer which limited her life expectancy and diminished the claim for future pain and suffering and medical expenses.
Upon Motion of Maryland counsel, I was admitted to the Bar of that State to handle the litigation of this case. Following depositions of all parties and evaluation by defense medical expert, the case settled at a Mediation before a Judge in Maryland for the sum of $575,000.00.
Mr. Forrest, a gentleman in his early forties, was a passenger in a vehicle which rear ended a vehicle that was disabled and stopped on the Delaware Memorial Bridge. Mr. Forrest had sustained a work injury approximately 25 years earlier which rendered him a quadriplegic confined to a wheelchair.
Initial treatment involved the placement of pins in an attempt to repair a fractured hip. Due to the pre-existing paraplegia and the weakness of his bones, Mr. Forrest soon developed avascular necrosis or death of the hip bone and he was forced to undergo a total hip replacement. Despite his pre-existing paraplegia, the Plaintiff worked at CVS for ten years as a stock clerk and casher but was unable to return to work following his motor vehicle accident.
I was admitted to the Delaware bar upon Motion of a Delaware lawyer for the purpose of litigating this case. After 3 days of a jury trial, including testimony of an orthopedic surgeon and an economist who calculated the Plaintiff's past and future wage loss, the case settled for over $600,000.00.
DeFreitas v. Maryland Casualty, et al
1990 Auto Accident -- Plaintiff, a Professor at a prestigious medical research institute in Philadelphia, was a passenger involved in a three (3) car collision. As a result of her injuries, Plaintiff developed reflex sympathetic dystrophy (RSD) which resulted in severe and chronic pain throughout her extremities and forced her to retire from her job while still in her early forties and required her to take significant narcotic medication on a daily basis. Following the filing of a lawsuit and depositions of all drivers and passengers involved, the insurance carriers for the three (3) vehicles involved tendered policy limits totaling $275,000.00 under the bodily injury portion of the policies.
An underinsured motorist claim was then made against Maryland Casualty which insured three (3) vehicles in the name of Plaintiff and her husband. The policy provided for $250,000.00 of stacked underinsured motorist benefits or the equivalent of $750,000.00.
The medical expert for Maryland Casualty examined Plaintiff and concluded that she did not suffer from RSD nor was she suffering from any disabling injury related to the motor vehicle accident.
Shortly before a binding arbitration hearing, Maryland Casualty tendered the policy limits of $750,000.00. The total recovery in the case was therefore $1,025,000.00.