Apartment Stairway Fall Leads to $1.75 Million Settlement in Essex
A man who suffered serious injuries after encountering a loose stair tread in a Newark apartment house was paid a $1.75 million settlement in his…
March 18, 2020 at 12:00 PM
4 minute read
A man who suffered serious injuries after encountering a loose stair tread in a Newark apartment house was paid a $1.75 million settlement in his Essex County suit, Chavers v. Realty Management Associates Inc., on Feb. 18.
Jermien Chavers, 44, was descending the stairs at 20-30 Astor Street, where his sister lived, on April 4, 2017, when he stepped on a loose stair tread, causing him to fall. He attempted to grab a handrail to steady himself but it was not fully attached to the wall, according to Newark lawyer Richard Greifinger, who represented Chavers along with Alfred Giannella Jr. Both are with Greifinger's office in Newark. Chavers fell, injuring his lower back and left shoulder, the suit claimed.
Chavers underwent arthroscopic surgery to treat a torn tendon of the left shoulder, as well as a laminectomy, discectomy, decompression and fusion at L4-5. He also received injections to treat severe pain. Chavers previously worked as a furniture assembler, cook and warehouse worker but was unable to work after the accident, said Greifinger.
An expert for the building owner said Chavers' surgeries were unnecessary and that his injuries were made worse by preexisting conditions, according to Greifinger.
The case was settled on Jan. 8 in mediation with Daniel Mecca, a former Superior Court judge now with the Mecca Law Firm in Paramus. Payment was received Feb. 18.
David J. Montag of Milber Makris Plousadis & Seiden in White Plains, New York, who represented the defendant, confirmed the settlement.
— Charles Toutant
|$1.1M in Warren Med Mal Case
Distasio v. Parada: A Warren County man who claims he was misdiagnosed and mistreated for a condition in his left eye and subsequently lost vision in the eye settled for $1.1 million.
The defendants agreed to a $600,000 portion of the settlement on Jan. 6 prior to trial, while the remaining $500,000 was settled on Jan. 13 before Superior Court Judge Edward Coleman.
Anthony Distasio, then 54, of Washington Township, was hospitalized on Jan. 31, 2016, with complaints of severe left eye pain, pain in the left upper jaw, left sinus congestion and severe edema of the left eye and left scleral. Joseph Parada, M.D., the emergency room doctor at St. Luke's Hospital's Warren campus in Phillipsburg evaluated Distasio and had him admitted to the hospital. Dr. Manasi Revankar, D.O., of KNJ Hospitalist Group based in Phillipsburg, took over Distasio's care at St. Luke's once he was admitted, according to Greg Kohn of Nagel Rice in Roseland, who represented Distasio.
Parada and Revankar "did not appreciate that he needed emergency ophthalmic surgery, which led to the loss of vision in his left eye," Kohn said in a phone call.
Kevin Cottone of White and Willams in Cherry Hill represented Parada, and Thomas Leyhane of Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick represented Revankar. Neither returned calls for comment on the case.
Of the $1.1 million settlement, Parada, covered by St. Luke's insurance policy, settled for $600,000 about a week before the case was to go trial. Revankar covered the remaining $500,000 through her private insurance carrier on Jan. 13, Kohn said.
"We feel the settlement will make a substantial difference in Mr. and Mrs. Distasios' lives," Kohn said. "We feel like we got almost full value of the case as our settlement."
Kohn said Distasio, now 57, had worked as a delivery driver prior to the incident.
"The challenges are, he no longer drives at night," Kohn said. "Mr. Distasio is currently not employed. It has been challenging on him. His wife has a medical condition that requires his help when she is walking. Now that he has no peripheral vision in his left eye, he must walk with her on her right side so he can see around him but cannot see her."
— Suzette Parmley
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