Lung-X-Ray – Phoenix119 via Wikimedia Commons

A man who claims he developed a respiratory condition while working in a warehouse where there were diesel fumes from an adjacent renovation project was paid the majority of a $575,000 settlement in his Camden County suit, Kibler v. CS Builders, during the week of May 26.

Plaintiff Richard Kibler was working at a warehouse and commercial office property at 600 Delran Parkway in Delran. He was employed as a facility inspector and property manager for Manhattan Management Co. As part of his job, he was often out on inspections, but spent much of his time at the Delran office, a satellite office of his New York-based employer, doing paperwork and making phone calls, according to his attorney, Melissa Baxter of Rossetti & DeVoto in Cherry Hill.

Kibler's office was on the second floor of the Delran facility. In March 2016, property owners Delran Underwood LLC and Stabilis began a construction project for an incoming first-floor tenant that required expanded warehouse space, including demolition using diesel-fueled trucks and equipment. Kibler, then 56, and others in his office repeatedly complained about diesel fumes from below causing eye irritation, throat irritation, dizziness and difficulty breathing, Baxter said.

Kibler ended up being hospitalized for 28 days with difficulty breathing, shortness of breath, and wheezing. He was diagnosed with irritant-induced asthma and has been unable to return to work, Baxter said.

The suit, alleging that exposure to diesel fumes caused Kibler's condition, claimed that general contractor CS Builders was responsible for job site safety but neglected to inform the demolition subcontractors of other tenants being present in the building during construction. The suit also claimed the subcontractors, G Force Excavation LLC and G-Boys Excavating Inc., failed to take appropriate safety measures. Kibler alleged that his complaints of the fumes were not addressed until it was too late.

According to Baxter, the defendants denied liability and claimed Kibler's respiratory condition was due to smoking and underlying health issues. Another defendant, the property manager, was dismissed from the case before settlement, she said.

The settlement was reached April 16. The property owners, general contractor and two subcontractors each agreed to pay $143,750. Three of those four defendants paid by check during the week of May 26, with one payment still outstanding, Baxter said.

Matthew Shindell—now with Spector Gadon Rose Vinci in Philadelphia, and with Goldberg Segalla at the time of the settlement—represented Delran Underwood and Stabilis. He declined to comment.

So did Stephen Sobocinski of Zirulnik, Sherlock & DeMille in Mount Laurel, counsel to G Boys Excavation Inc.

David Samlin of Rawle & Henderson in Philadelphia represented CS Builders, and Geri Jaffee of Marks O'Neill O'Brien Doherty & Kelly in Cherry Hill represented G Force Excavation. Neither could be reached about the case.

— David Gialanella

$500K in Union County Med Mal Case

Simicevic v. Kahn: A woman who sued an opthamologist claiming medical malpractice for an alleged delayed diagnosis of an eye infection that damaged her vision has settled her Union County case for $500,000. The matter was dismissed May 6.

The settlement was reached in the case, before Superior Court Judge Robert Mega, prior to trial and right after plaintiff Barbara Simicevic's expert was deposed, said the plaintiff's attorney, Susan Connors of Nagel Rice in Roseland.

The defendants, Dr. Milton Kahn and Advanced Eye Care and Surgery Center in Westfield, were represented by Paul Schaaff of Orlovsky Moody Schaaff Conlon & Gabrysiak in West Long Branch. Schaaff didn't return a call seeking comment.

In 2016, after undergoing cataract surgery five weeks prior, Simicevic went to an emergency appointment with Kahn complaining of a foreign body sensation in her eye, tearing, blurry vision and floaters, according to Connors.

Kahn diagnosed Simicevic with cornea edema and prescribed topical anti-inflammatory medications. However, Connors said, the plaintiff's condition worsened, and two days later, another doctor diagnosed her with endophthalmitis, a serious bacterial infection. The plaintiff alleged that Kahn had the obligation and the chance to perform a more thorough eye exam, and that if he had done ultrasound imaging, the infection would have been revealed, and treatment could have started earlier, according to Connors.

"We were very pleased that immediately after the deposition of our expert, the case settled favorably for our client, given the fact that it was an extremely aggressive infection that she had to endure," Connors said. "It should have been dealt with immediately after seeing Dr. Milton Kahn at the emergent appointment."

She added, "Our client, who is 70, is trying the best she can to live a full life with her decreased vision."

The case was filed on March 23, 2018. Connors attributed the resolution of the case to the plaintiff's expert, ophthalmologist Dr. Kenneth Kenyon. Kenyon's opinion was that a two-day delay, in an ophthalmology case involving an infection, was a long delay, and time is of the essence.

According to Connors, the defense argued that the type of infection Simicevic had was extremely rare, and was bound to impact the plaintiff's vision no matter when it was discovered. Connors said the defendants argued that there was no fault on Kahn's part, reasoning he operated within the standard of care given the rarity of the condition.

—P.J. D'Annunzio