Vicki Seidenberg, M.D. v. Dan s East 23rd St. Parking Corp., New Amsterdam Apartment Corp., and Goodstein Management Co.

Vicki Seidenberg, M.D. v. Dan s East 23rd St. Parking Corp., New Amsterdam Apartment Corp., and Goodstein Management Co.

FRACTURED PATELLA

physiatrist

New York, NY

This action, which settled after Pltf. s orthopedist testified, resulted in a $1,000,000 settlement, with $750,000 in cash and $250,000 structured.

$1,000,000.00

XVIII/19-44 FALLDOWN PARKING GARAGE RAMP FRACTURED PATELLA

SETTLEMENT: Vicki Seidenberg, M.D. v. Dan s East 23rd St. Parking Corp., New Amsterdam Apartment Corp., and Goodstein Management Co. 103016/96 Date of Settlement 6/16/00 New York Supreme

Pltf. Atty: Jonathan M. Goidel of Goidel & Siegel, L.L.P., Manhattan

Deft. Atty: Joseph F.X. Savona of Savona & Scully, Manhattan, for New Amsterdam and Goodstein

James E. Baker of O Connor, O Connor, Hintz & Deveney, Garden City, for Dan s East

This action, which settled after Pltf. s orthopedist testified, resulted in a $1,000,000 settlement, with $750,000 in cash and $250,000 structured. Pltf., a 35-year-old physiatrist, claimed that on 11/2/95 at 7:45 AM she was injured while walking down a ramp at Defts. parking garage on 23rd St. in Manhattan. Pltf. testified that she slipped on a puddle of grease or oil. Pltf. s engineer testified that samples taken from the ramp indicated a long-term accumulation of oil from cars. Pltf. also contended through her expert architect that the garage ramp was excessively steep, lacked handrails, lacked a non-skid surface, and did not have an intermediate landing. Defts. denied notice of any oil.

Injuries: fractured patella requiring open reduction and internal fixation. Pltf. required a second surgery to remove the hardware, and underwent arthroscopic debridement surgery. Demonstrative evidence: enlarged photographs of the ramp; X-rays; model of the knee; knee prosthesis; Bledsoe brace; shoes that Pltf. had been wearing at the time of the accident. Settlement apportionment: Dan s and New Amsterdam each paid half. Carriers: Travelers for Dan s; Greater New York for New Amsterdam and Goodstein.

Pltf. Experts: Edmond Provder, vocational rehabilitation, Manhattan; Robert Palermo, architect, Brooklyn; Dr. Joseph D Angelo, orth. surg., Manhattan; Pltf. retained but did not call Conrad Berenson, Ph.D., economist, Woodbury; Anthony Storace, engineer, Mineola; Jesse Bidanset, engineer, Inter-City Testing, Mineola.

Deft. Experts: Deft. would have called Herbert Goldstein, engineer, Massapequa; Harlan Fair, P.E., engineer, Armonk; Joyce Mesch-Spinello, Ph.D., vocational rehabilitation, Manhattan; Dr. Irving Etkind, orth. surg., Manhattan.