AUTO ACCIDENTS
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Plaintiff awarded $6 million after slip and fall
7/21/2010
Domenick Gilio and Sheryl Hafers-Gilio v. H&R, The English Landscape Gardeners, LTD., No. 23983/07
Verdict: $6,000,000
Court: Suffolk Supreme
Judge: Thomas F. Whelan
Plaintiff Attorney(s):
Michael Paglino, Gruenberg & Kelly, P.C., Ronkonkoma, NY
Defense Attorney(s):
None reported
Facts & Allegations:
On March 19, 2007, plaintiff Domenick Gilio, 51, a truck driver, was walking toward his truck in the parking lot of the facility where he worked, on Gilpin Avenue in Hauppauge. Gilio claimed he slipped and fell on a path of ice, hitting his head. He claimed injuries to his head, neck and back.
Gilio sued H&R, The English Landscape Gardeners, LTD., the snow and ice removal company hired by his employer. He alleged the defendant of negligent maintenance, creating a dangerous condition, and further alleged that the defendant had notice of said condition.
H&R contested that it had notice of the ice patch, and argued that it did not create the condition, claiming its snow and ice cleanup was adequate.
The defendant defaulted at trial after its counsel relieved itself, and H&R did not obtain new counsel before the required time limit. The judge awarded liability to the plaintiff, and the matter proceeded to an inquest trial on damages only.
Injuries/Damages:
cranial nerve palsy; concussion; post-concussion syndrome; memory loss; herniated disc at L5-S1; herniated disc at C4-5; herniated disc at C5-6; herniated disc at C6-7; headaches; hemorrhage; epidural injections; anxiety; depression
Gilio was taken by ambulance to the emergency room, from the scene of the accident. He claimed several injuries to his head, including 4th nerve palsy and a brain hemorrhage, as well as a concussion and post-concussion syndrome. Gilio also claimed cervical disc herniations at C4-5, C5-6 and C6-7 with flattening of the spinal cord, as well as lumbar disc herniations at L5-S1. He received surgical nerve stimulators in his neck and back in 2008 and 2009, to relieve the pain, as well as epidural injections. Gilio underwent MRI, EMG, EKG and CAT scan testing, to diagnose his injuries.
Gilio never returned to work, and has been on worker's compensation since the accident. He claims he is now totally disabled due to the cognitive defects sustained from his head injuries. Gilio claimed he suffers from memory loss, constant headaches, double vision that requires special glasses and an impaired ability to discern letters. He claimed the effects have led to anxiety, fear, depression, irritability and shortness of temper with his children and wife. He also claimed he is sensitive to light and noise, and loses his balance on occasion. Gilio claimed residual pain, discomfort and reduced range of motion in his neck and back, for which he has been receiving ongoing physical therapy, to go along with psychological counseling and pain management.
Gilio asked the judge for $5 million in damages for past pain and suffering and lost earnings and $5 million for future damages.
Result:
The judge awarded Gilio $6 million in total damages.