Debow v. Baugh-Paige

Defense Verdict

Date of Verdict: March 11.

Court and Case No.: C.P. Montgomery No. 2016-15641.

Judge: Gail A. Weilheimer.

Type of Action: Slip-and-fall, premises liability.

Injuries: Hip injury.

Plaintiffs Counsel: Regina M. McIlvaine, Lowenthal & Abrams, Philadelphia.

Plaintiffs Expert: Anthony J. Cerminara, orthopedics, Stuart, Florida.

Defense Counsel: Laurianne Falcone, Marshall Dennehey Warner Coleman & Goggin, Philadelphia.

Defense Expert: Jaimo Ahn, orthopedic surgery, Philadelphia.

Comment:

On May 18, 2015, plaintiff Phyllis Debow, a woman in her late 70s, slipped and fell in the basement of a single-family home in Norristown. She claimed hip injuries.

Debow sued property owners Carol Baugh-Paige and George Nairn, alleging that they were negligent for allowing a dangerous condition to exist.

Debow had been staying at the property for two months with her son and daughter-in-law, who had rented the home from Baugh-Paige and Nairn. Debow alleged that water had leaked from the ceiling onto the basement floor, causing her to slip and fall. Debow's counsel argued that the water leak was an ongoing issue that the property owners had known about yet failed to remediate. Her counsel presented post-accident photographs and video of the basement ceiling to support her theory.

Baugh-Paige testified that the tenants had notified her about a possible plumbing issue at the residence. When a plumber was dispatched to inspect the property in fall 2014, he did not find any water leaking. However, the plumber and Baugh-Paige testified that when the plumber attempted to return to the property later that day, for further inspection, the tenants would not allow him into the home. Likewise, when the plumber attempted to gain entry to the home the next day, the tenants would not allow him entry.

Baugh-Paige and Nairn further testified that, at the time of the accident, eviction proceedings were underway against Debow's son and daughter-in-law for being a couple of months behind in their rent.

Debow fell onto her left hip. She presented to an emergency room, where she was examined and released. In the weeks following the accident, Debow moved to Florida, where she came under the care of an orthopedist July 29. For the next year, Debow consulted with the orthopedist, who diagnosed her with a contusion of the left buttock and bursitis of the left hip. In fall 2015, Debow attempted a brief course of physical therapy, but she had to stop, since it allegedly caused her pain.

Debow, alleging ongoing pain in her left hip, continued to be monitored by her orthopedist in the ensuing years. In summer 2017 she underwent a series of cortisone injections to her left hip. In 2018, Debow underwent a CT scan, which confirmed the bursitis of her left hip. At the time of trial, Debow continued to consult with her orthopedist and planned to undergo a bursectomy of the left hip at the end of March 2019. She sought to recover approximately $2,300 in medical costs.

Debow's orthopedist causally related her injuries and treatment to the accident and discussed Debow's need for the bursectomy.

Debow testified that prior to the accident, she had been very active despite her age. Due to her ongoing hip pain, however, she now has difficulty standing and sitting for long periods, and she experiences pain when lying on her left side. Debow is allegedly no longer active. She sought damages for past and future pain and suffering.

The defense questioned the causation of Debow's alleged injuries, given her delay in treatment and overall lack of consistent treatment in the years post-accident.

The defense's expert in orthopedic surgery testified that Debow suffered only a contusion to the left buttock, which resolved shortly after the accident. The expert cited Debow's imaging studies to argue that Debow had extensive pre-existing pathology in her left hip, and that her treatment was solely due to her degenerative hip condition.

The jury rendered a defense verdict.

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