verdicts-and-settlements-article

Bouton v. Jefferson Family Association

Defense Verdict

Date of Verdict: March 29.

Court and Case No.: C.P. Philadelphia No. 160802015.

Judge: Stella M. Tsai.

Type of Action: Trip and fall, premises liability.

Injuries: Neck, knee, shoulder injuries.

Plaintiffs Counsel: Jeffrey P. Curry, Rosenbaum & Associates, Philadelphia.

Plaintiffs Expert: Lance O. Yarus, orthopedic surgery, Philadelphia.

Defense Counsel: Joseph W. Petka, Goldberg Miller & Rubin, Philadelphia.

Comment:

On Feb. 5, 2015, plaintiff Barbara Bouton, 82, tripped and fell in a patient-examination room at Jefferson Family Associates, in Philadelphia. She asserted that she tripped and fell on the room's step stool. She claimed injuries to her neck, shoulder and knee.

Bouton sued Jefferson Family Associates and its owner, Thomas Jefferson University Hospitals Inc. Bouton alleged that the defendants were negligent for allowing a dangerous condition to exist. Bouton's counsel argued that the medical facility created a hazardous condition by leaving the step stool in the walking path of the exam room. The step stool should have been kept under the exam table or in a different area to prevent it from becoming a tripping hazard, Bouton's counsel contended. Bouton alleged that a medical assistant had witnessed her trip and fall.

The defense maintained that the doctor's office did nothing wrong, and that the fall was the result of the Bouton's not paying attention to where she was walking. Even if the step stool was out of place, it was still not a dangerous defect, as it was open and obvious, the defense asserted.

The medical assistant denied that she witnessed Bouton's trip and fall.

Upon falling, Bouton was examined by the facility's medical staff with complaints of pain to her neck, her left knee and the right shoulder, part of her dominant arm. Later that evening, Bouton presented to an emergency room with continuing complaints, in addition to numbness in her right hand, and she was examined and released. On Feb. 10, Bouton presented to a rehabilitation facility where she treated through July 30. During that time, she consulted with an orthopedic surgeon, who, via MRIs, diagnosed her with herniations at cervical intervertebral discs C2-3, C3-4, C4-5; a tear of the right glenoid labrum; internal derangement of the right shoulder, and right-sided radiculopathy stemming from C6. Bouton was recommended for surgical repair of her right shoulder, which she declined. No further treatment was rendered, and Bouton sought to recover $9,445 in medical costs.

Bouton's orthopedic surgeon causally related her injuries and treatment to the accident. The physician, who noted that Bouton has a 40% loss of range of motion in her shoulder, testified that Bouton requires future surgeries to her neck and shoulder, estimated at approximately $200,000.

Bouton testified that her impaired shoulder affects every aspect of her daily living, as she is unable to use her arm for anything above shoulder height. She allegedly can no longer use her right hand, due to ongoing numbness caused by the radiculopathy, for any fine motor activities, including buttoning buttons and combing her hair. She stated that she requires assistance with most activities of daily living, including going to the bathroom, with which her husband assists her. Bouton sought damages for past and future pain and suffering. Her husband, plaintiff Ollie Gill, sought damages for his claim for loss of consortium.

The defense questioned Bouton's need for shoulder surgery, as she had not undergone the procedure since the accident. The defense noted that in 2005, after she had tripped and fallen, Bouton had complaints of neck and right-shoulder pain.

This report is based on information that was provided by plaintiffs and defense counsel.

—This report first appeared in VerdictSearch, an ALM publication