Ladyansky v. Aria Health System

Defense Verdict

Date of Verdict: July 18

Court and Case No.: C. P. Philadelphia

Plaintiffs Experts: Gregg Frazier, civil, Malvern and Enrique Aradillas, neurology, Philadelphia

On Oct. 13, 2014, plaintiff Barbara Ladyansky, 53, was exiting a hospital in Philadelphia after an eye exam and dilation. A car which she had ordered to pick her up was waiting at the curb. When she went outside, she thought she was stepping onto the handicapped ramp but in fact had confused it with the curb, causing her to trip and fall, resulting in a fracture of her left ankle.

Ladyansky sued hospital-owner Aria Health System and car-service Towne Park Ltd., alleging each was negligent.

She contended that the hospital allowed a dangerous condition to exist because the ramp and the curb were not sufficiently marked.

She claimed the car service was negligent because the driver parked five feet behind the handicapped ramp, which had disoriented her. Ladyansky settled with Towne Park Ltd. for $30,000, prior to trial.

Ladyansky's expert in civil engineering testified that the lack of color distinction between the curb and the ramp caused pedestrians to misperceive where to step. This was particularly true in Ladyansky's incident, since she had impaired vision from the dilation during the eye exam. According to the expert, the hospital, in accordance with standards set forth by ASTM International, should have applied a bright-yellow strip and a walking tread to distinguish between the ramp and the curb.

Aria Health System argued that the ramp conformed with every city and state law.

On cross-examination of Ladyansky's engineering expert, Aria's counsel argued that the engineer did not cite a specific Pennsylvania law that was violated, and instead only referred to voluntary standards and recommendations that were not binding on the hospital.

The hospital's facility manager testified that there was no dangerous condition and that there had been no prior trip-and-fall incidents.

Aria Health System's counsel played an audio recording of Ladyansky's deposition, in which she testified that, despite having her eyes dilated, she had no vision problems. However, at trial she claimed that her vision was impaired by the dilation.

After her fall, Ladyansky was assisted by hospital employees and was admitted. She was X-rayed and diagnosed with a trimalleolar fracture of the left ankle. On Oct. 16, she underwent open reduction and internal fixation surgery. She was discharged the next day.

In the ensuing weeks, Ladyansky remained non-weight-bearing. She used a walker and then a knee scooter, and eventually was able to walk independently. She treated with home physical therapy for a number of weeks.

Ladyansky, who had been diagnosed with complex regional pain syndrome (CRPS) in 2011, asserted that the fall aggravated her condition. She said she immediately began to experience a magnification of her symptoms, which included pain, itching, and numbness. The Ketamine injections which she had been receiving monthly no longer had the same benefit, and a new pain medication provided minimal relief.

Ladyansky's neurologist confirmed that the accident aggravated her CRPS, and the exacerbation of her pain and symptoms was permanent.

Ladyansky testified that, due to the intensification of her CRPS, she is in constant pain and rarely leaves her bed, much less her house. She said that, at the time of the incident, her CRPS was improving and she was able to do recreational activities and engage in social activities. Now, she leads a sedentary lifestyle. She further asserted that her husband left her as a result of her condition. She sought damages for past and future pain and suffering.

Aria Health System's expert in neurology, who examined Ladyansky, determined that, not only had her CRPS not been aggravated, but there was no evidence that she suffered from the condition.

Aria's counsel further questioned Ladyansky's CRPS, since her neurologist, on cross-examination, stated that she did not mention of any aggravation until 2016, although Ladyansky had said that she immediately experienced an exacerbation.

The jury found that Aria was not negligent.

This report is based on information that was provided by defense counsel. Plaintiffs counsel did not respond to calls for comment.

-This report first appeared in VerdictSearch, an ALM publication