AUTO ACCIDENTS
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Restaurant patron knocked to the ground by faulty door
7/1/2010
Laurie A. Kovacs v. Inn on Main, No. 22550/09
Verdict: $750,000
Court: Nassau Supreme
Judge: John M. Galasso
Plaintiff Attorney(s):
Michael Paglino, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Defense Attorney(s):
None reported
Facts & Allegations:
On June 18, 2009, plaintiff Laurie Kovacs, 46, a bartender/dog groomer, was a patron at the Inn on Main restaurant in Farmingdale. Kovacs claimed that when she went into the bathroom, she grabbed the handle for one of the stalls and the steel door came off its hinges, striking her in the head and knocking her to the ground. She claimed injuries to her right hand, head, neck and back.
Kovacs sued the Inn on Main. She alleged the defendant of negligent maintenance and repair, in regard to the broken stall door, causing a dangerous condition. She further claimed that the defendant had actual and constructive notice of the condition.
The defendant defaulted at trial. Kovacs was awarded liability by the judge, and the matter proceeded to an inquest trial on damages only.
Injuries/Damages:
nerve damage, median nerve; neuropathy; wrist; herniated disc at C5-6; herniated disc at C6-7; disc impingement; herniated disc at L4-5; physical therapy
Kovacs was taken by ambulance to the emergency room, from the scene of the accident. She suffered median neuropathy of her right, dominant wrist, as well as a gash to her head. Kovacs also claimed cervical disc herniations at C5-6 and C6-7 impinging on the spinal cord, and lumbar herniations at L4-5. Kovacs' injuries were diagnosed via MRI and EKG testing. She underwent six to seven months of physical therapy.
Kovacs missed a few weeks of work, following the accident. She claimed residual numbness and tingling in her right hand, as well as pain, discomfort and reduced range of motion in her neck and back. She claimed the injuries have made it difficult to lift heavy objects and bend over, limiting her at work. She asked the judge for $750,000 in damages for past and future pain and suffering.
Result:
The judge awarded Kovacs $750,000 in damages for past and future pain and suffering.