Case Results

HOSPICE NURSE AND HER HUSBAND RECOVERS $950,000 FOR INJURIES SUSTAINED IN A TRIP AND FALL IN NURSING HOME PARKING LOT

The plaintiff hospice nurse in her early 50s contended that the defendant nursing home, at which she was present to visit one of her patients, negligently failed to maintain the parking lot, resulting in an the formation of a several inch depression in a parking spot. The plaintiff asserted that as a result, she lost her balance and fell, suffering a tear to the medial meniscus that was treated with arthroscopic surgery. The plaintiff maintained that after the arthroscopic surgery, she developed CPRS in the knee, which traveled down the leg, and which will cause extensive pain and limitation, preventing her from working. The evidence disclosed that the plaintiff had been using the same parking spot for an extended period as she visited various patients and her families. The defendant maintained that the plaintiff should have been She been aware of any depression and was clearly comparatively negligent. The plaintiff would have countered that the depression was subtle, accounting for her not being aware of the depression’s presence. The plaintiff further maintained that in 25-years with the same lot, the defendant failed to apply sealant to the lot to avoid water causing hazards. The plaintiff’s expert would have testified that sealant should be applied on a yearly basis. The plaintiff contended that she suffered a tear of the medial meniscus that required arthroscopic surgery. The plaintiff asserted that she suffered a known complication of the development of CRPS in the knee and exhibited tell tale signs of color and temperature changes. The CRPS spread down the leg and the plaintiff asserted that she will suffer extensive permanent pain and difficulties ambulating and will be unable to work. The plaintiff was earning approximately $30,000 per year. The plaintiff also contended that the jury should consider that she derived satisfaction from working with patients and their families at the end of a plaintiff’s life. The plaintiff would have produced family members of her patients who would have discussed the comfort obtained from working with the plaintiff. The defendant denied that the plaintiff developed CRPS. The case settled prior to trial for $950,000.$760,000 was allocated to the plaintiff and $150,000 to the husband on his per quod claim.

Cathey vs. Jersey Shore Convalescence Center, et al. Docket no. MON -L-3085-17; Judge Dennis O'Brien, 12-19-19. Attorney for plaintiff : John G. Mennie of Schibell & Mennie,LLC in Ocean, NJ.

$600,000 RECOVERED FOR SPECTATOR HIT IN EYE WITH WILD PITCH AT SON’S BASEBALL GAME

John G. Mennie, Esq. of the Law Offices of Schibell & Mennie, LLC obtained a hard fought settlement of $600,000.00 on behalf of his client, John Caruso. John Caruso was a spectator at his sixteen (16) year old son’s traveling baseball tournament which was held at St. Augustine High School in Richland, New Jersey on September 21, 2014. The tournament was sponsored by Perfect Game, USA, who puts on high level traveling tournament baseball games throughout the country. While standing along a fence outside the field of play watching his son’s game with other parents, the Plaintiff, John Caruso, was struck in the eye by a wild pitch thrown by a seventeen (17) year old teammate of his son who was warming up during the game from his son’s team. The plaintiff ended up having two surgeries on his right eye to repair a macular hole in the eye and some cornea damage. He is left with 20/40 cloudy vision in the right eye. He has to be periodically monitored as he is also at risk for developing glaucoma in his right eye. There was no lost income as the Plaintiff was a non-practicing an attorney who owned a real estate developing company with his brother.

The total settlement was $600,000.00 with $310,000.00 being paid on behalf of the seventeen (17) year old pitcher who threw the pitch and his coach who directed him to warmup along the right field line during the field of play, $185,000.00 from the national organization, Perfect Game, USA who sponsored the tournament, $100,000.00 from Bob Barth, who ws the local organizer of the tournament and $5000.00 from St. Augustine High School where the tournament was held.

Caruso v. Perfect Game USA, Docket #: MON-L-3279-16, John G. Mennie, Esq., Attorney for Plaintiff.