Plaintiff, Who Slipped and Fell in a Snowy Parking Lot, and Sustained Comminuted Fracture of the Distal Radius of His Wrist and Ulna, Which Required Open Reduction, Internal Fixation, a Plate and Screws and Resulted in Post Traumatic Arthritis, Carpal Tunnel Syndrome and Neuropathy was Awarded $1,649,000 for Pain and Suffering. This case was spotlighted in the Verdict Search’s publication “Verdict Search’s Top NY Verdicts of 2010″, which was distributed by “The New York Law Journal”.
On March 4, 2006, at approximately 3:45 p.m., plaintiff Jose Carrero, 55, unemployed, along with his boyfriend, Osvaldo Mercado, were returning back to their apartment at 178 East 205th Street in the Bronx, in a vehicle operated and owned by Carrero. They pulled into a nearby private parking lot, on Villa Avenue, where they had an assigned space. Mercado stopped his car on the lot’s entrance ramp, as he claimed he was having trouble steering up the icy and snowy surface, caused by a storm a few days before. Carrero exited the car, while Mercado claimed he put the emergency break on, and after taking a few steps, slipped and fell on the ramp. Carrero claimed injuries to his right wrist.
Carrero sued PMD Properties, the owning entity of his building, and Nicola Dedaj, the owner of the parking lot. He alleged the defendants were negligent for failing to safely maintain the property, causing a dangerous condition.
The plaintiff’s injuries consisted of a comminuted fracture of the distal radius and ulna; traumatic arthritis, open reduction; internal fixation; plate; screws; physical therapy; steroid injection; posttraumatic carpal tunnel syndrome; neuropathy.
On March 21, 2006, Carrero underwent open reduction, internal fixation surgery on his wrist, with the insertion of a plate. He was hospitalized for three more days, and followed up with physical therapy from April to October of 2006.
Carrero claimed that the therapy was painful, and didn’t improve the condition of his wrist. He testified at trial that he still experiences residual pain, discomfort and reduced range of motion in his wrist, which has severely affected the use of his right hand. Over the next few years following the accident, he was diagnosed with post-traumatic arthritis and right median neuropathy-carpal tunnel syndrome. He claimed that he will require future arthroscopic surgery and further physical therapy. Carrero claimed that he has difficulty performing several daily activities, from getting dressed to walking his dog. He also claimed he could no longer cook, a favorite hobby of his, which he enjoyed at home as well as cooking for the homeless. Carrero asked the jury for $750,000 in damages for past pain and suffering, $950,000 for future pain and suffering, and up to $25,000 for future medical costs. Carrero’s past medical costs was stipulated at $24,000.
The defendants contended that Carrero was exaggerating his condition. That the fracture healed well, and that surgery went perfectly, and that Carrero’s treatment records from his orthopedist, were replete with entries regarding the fracture healing, excellent range of motion three months after surgery, x-rays one year post-surgery that demonstrated excellent results, lacking any mention of a joint space collapse, arthritis or scarring in the joint space.
Before the case was submitted to the jury and during deliberations, the offer was $250,000. The jury unanimously found Dedaj 100 percent liable for the accident, and Carrero was awarded a total of $1,649,000 for past and future medical costs and pain and suffering. The breakdown was, $24,000 past medical cost; $50,000 future medical cost; $225,000 past pain and suffering; $1,350,000 future pain and suffering making his total award $1,649,000. Because the plaintiff was a retired school teacher at the time of his injury, there was no claim for economic losses. The verdict was unanimous.
