March 18, 2005. Case#128026
Premises Liability
Building’s visitor crashed into wall after evading falling tile
Case Type: Negligent Repair and/or Maintenance
Case: Donna C. Maccarone v. Riverbay Corporation & Prestige Property Inc., No. 26724/00
Venue: Bronx Supreme, NY
Judge: Alan J. Saks
Date: 03-18-2005
Plaintiff
Attorney(s)
Christie L. McEvoy-Derrico; trial counsel to the Law Offices of Robert Sharon, P.C.; Mamaroneck, NY, for Donna C. Maccarone
Expert:
Dr. Richard Sternberg; Psychology/Counseling; Scarsdale, NY called by: Christie McEvoy-Derrico
Alan Brown M.D.; Orthopedics; Westchester, NY called by: Christie McEvoy-Derrico
Defense
Attorney(s)
None reported; null, null, for Riverbay Corp.
Scott Pero; Cohen, Kuhn & Associates; New York, NY, for Prestige Property Inc.
Expert: Sheldon Manspeizer M.D.; Orthopedic Surgery; White Plains, NY called by: Scott Pero VIEW EXPERT’S CASES
The Hartford Insurance Group for Prestige Property
Facts & Allegations
On Sept. 21, 1999, plaintiff Donna Maccarone, 53, a hospital’s senior accounting representative, entered a common area of a building that was located at 2100 Bartow Ave., in the Bronx. A ceiling tile fell toward Maccarone, but Maccarone was able to avoid it. However, her head struck a wall, and she sustained neck injuries.
Maccarone sued the property’s owner, Prestige Property Inc., and another entity, Riverbay Corp. She alleged that Prestige Property’s agent was negligent in his repair of the ceiling. She subsequently discontinued her claim against Riverbay.
Maccarone claimed that the incident occurred while a Prestige Property maintenance worker was repairing the ceiling. She contended that the worker was standing on a ladder and that he dropped the ceiling tile.
Prestige Property’s counsel noted that the worker was never identified. Thus, he contended that the worker could have been an independent contractor who was not acting as an agent of Prestige Property. In response, plaintiff’s counsel contended that Prestige Property was liable for any incident that occurred in a common area of its building.
Injuries/Damages
Maccarone did not seek immediate medical treatment. Two days after the accident, she presented to her physician. She ultimately claimed that she sustained a concussion and a neck injury that produced disc herniations at C3-4 and C4-5 and a disc bulge at C5-6. She contended that she suffered post-concussion syndrome that caused severe dizziness and loss of balance.
Maccarone claimed that her head injury also produced severe residual depression and that, as a result, she could not leave her home or perform work. She claimed that she had to retire and that, as such, she would lose a total of about 10 years of wages. She also claimed that she will have to undergo psychological care.
Maccarone’s medical expenses and lost wages totaled about $100,000. They were paid by workers’ compensation insurance, but a lien was pending. She sought recovery of the lien amount, her future medical expenses, her future lost wages, and damages for her past and future pain and suffering.
Prestige Property’s counsel contended that Maccarone did not suffer accident-related depression.
Verdict Information
After the trial’s third day, but before the presentation of expert testimony, the parties agreed to a $412,500 settlement. Size of edior array:2
Editor’s Comments
Riverbay’s counsel was not asked to contribute to this report.