Michael Perrone v. Joseph Savarese Real Estate Corp. v. M&Q Restaurant Corp. d/b/a Urbino
Type of Injury
HERNIATED AND BULGING DISCS
produce manager for a supermarket
New York, NY
This case settled after jury selection for $550,000, plus the waiver of a $175,000 Workers Compensation lien
XIV/37-34 FALLDOWN STAIRS HERNIATED AND BULGING DISCS
SETTLEMENT: Michael Perrone v. Joseph Savarese Real Estate Corp. v. M&Q Restaurant Corp. d/b/a Urbino 10905/91 Date of Settlement 2/7/97 New York Supreme
Pltf. Atty: Jeffrey M. Rich of Rich & Rich, Manhattan
This case settled after jury selection for $550,000, plus the waiver of a $175,000 Workers Compensation lien. Pltf., a 40-year-old produce manager for a supermarket, claimed that he was injured on 5/8/89 at approximately 10:30 AM when he fell on a staircase leading from a basement storage area of Deft. s premises to the sidewalk. At the time of the accident, Pltf. was working at a supermarket located in an adjoining building and had gone into Deft. s basement to locate plastic milk crates with which to build a display. He fell while walking up the stairs with two or three milk crates in his hands. Pltf. would have claimed that the stairs were defective and that he fell because a piece of a steel bull nose over the worn edge of the concrete step was missing. Deft. would have argued that Pltf. fell at a different location, that the fall was caused by his own negligence, and that the stairs were not defective.
Injuries: herniated discs ac C3-4, C4-5, C5-6, L2-3 and L4-5; bulging discs at L2-3, L3-4, L4-5 and L5-S1; psychological injuries, including marked depression as a result of not being able to work. Pltf. claimed that he is permanently disabled. Deft. claimed that Pltf. s injuries were pre-existing and not the result of this accident. Demonstrative evidence: Pltf. would have introduced MRI films; CAT scans; photos of the accident scene; spinal model. Carriers: Aetna/Travelers for Savarese Real Estate Corp.; Greater New York Ins. Co. for M&Q. Pltf. Experts: Pltf. would have called Stanley Fein, engineer, Plainview; Dr. Stanley Ross, orth. surg., Forest Hills; Dr. Carlisle St. Martin, neurologist, Forest Hills; Dr. Arthur Sternberg, psychiatrist, Forest Hills; Edmond Provder, vocational rehabilitation, Manhattan; Irwin Stricker, economist, Merrick. Deft. Experts: Deft. would have called Dr. Murray Burton, orth. surg., Manhattan; Dr. Ralph Olson, neurosurgeon, Manhattan; Morris Ehrenreich, Ph.D., vocational rehabilitation, Manhattan; John Garretto, engineer, Rockville Centre; Thomas Fitzgerald, economist, Mt. Vernon; Dr. Mark Rubinstein, psychiatrist, Manhattan.