Falldown – Defective Grate – Torn Superior Labrum, Requiring Arthroscopic Surgery

Paul and Candy Holand v. EM-ESS Petroleum Corp. and Citigas 15135/97 Date of Settlement 12/11/01 Bronx Supreme Mediator: Joseph Kunzman Mediation Company:   N.A.M.

Pltf. Atty:    Todd D. Greenberg of Addabbo & Greenberg, Forest Hills
Deft. Atty:  Salvatore J. Calabrese of Calabrese & Calabrese, L.L.P., White Plains,
                        for Citigas
                        Rik Berkman of the Law Office of Thomas J. Leonard, White Plains,
                        for EM-ESS Petroleum

     The mediation resulted in an award of $180,000.  Pltf., the 44-year-old owner of a lumber supply company, claimed that on 12/16/03 at approximately 9 AM, he entered the Deft. gas station located on Bruchner Blvd. in the Bronx to buy cigarettes.  He claimed that while walking on the premises, he stepped into a hole where a piece of grating was missing.  Pltf. claimed actual notice of the condition in that Defts. Actually created the conidtion by their overall poor maintenance of the facility.  Defts. Contended that there was a high degree of comparative negligence on the part of the Pltf. in failing to see the defect.  Defts. also contended that there was no notice of the defect.
     Note:  Pltf. had to file three separate lawsuits to trace the trail of numerous corporations to determine the ownership on the date of injury.  Investigation revealed that the owner of the various corporations and the gas station is now serving a life sentence in prison for committing murder in aid of racketeering activities and for fraud involving a pump-rigging scheme.
     Injuries:  torn superior labrum, complete rupture of the long head of the biceps, and severe inflammation of the subacromial space of the right shoulder.  On 7/29/97,  Pltf. underwent an arthoscopic surgery and debridement of the glenohumeral joint, subacromial decompression, and a shaving of the under surface of the distal clavicle.  Defts. contented that the  way Pltf. fell could not have caused the injuries alleged.  Carrier:  Empire Insurance Group.

Pltf. Expert:         Dr. Eric Putterman, orth. surg., East Meadow.
Deft. Expert:        Dr. Martin Barschi, orth. surg,, White Plains.