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

/ / Case Verdicts

Case Name

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

Type of Injury

FRACTURED PATELLA

Occupation

physiatrist

Location

New York, NY

Verdict

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.

Verdict Amount

$1,000,000.00

Case Details

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.