Helm v. Bradley

Defense Verdict

Date of Verdict: May 9.

Court and Case No.: C.P. Bucks No. 2015-04942.

Judge: Robert J. Mellon.

Type of Action: Premises liability, slip-and-fall.

Injuries: Ankle fracture.

Plaintiffs Counsel: Louis Dobi Jr., Marshall E Kresman & Associates, Bensalem.

Plaintiffs Expert: David I. Weiss, orthopedic surgery, North Brunswick.

Defense Counsel: Joseph P. Walsh, Walsh Pancio, Lansdale.

Defense Experts: Gary L. Popolizio, engineering, Montgomeryville; Barry J. Snyder, orthopedic surgery, Levittown.

Comment:

On May 25, 2014, plaintiff Linda Helm, 56, fell off a handicap ramp at a residence in Levittown. She claimed that she suffered an injury of an ankle. Helm sued the property owners, Timothy Bradley and Edna Bradley, alleging that they were negligent for allowing a dangerous condition to exist.

At the time of the accident, Helm was picking up her grandson from the Bradleys' home. She claimed that she walked up the handicap ramp, located on the side of the house, to the home's door. Hearing her grandson in the backyard, Helm turned to her left and attempted to step off the landing. However, due to a 7.5-inch height differential that she was not anticipating, she fell forward and landed on a concrete surface. Helm claimed that the accident occurred during the evening hours and that it was dark.

Helm's expert in engineering testified that the step-off was too high and that the step-off lacked any visual cues to indicate that there was a difference in height, since its color allegedly blended in with the color of the concrete. Additionally, the Bradleys failed to obtain a permit from the municipality, which they were required to do. The expert determined that the ramp violated multiple standards set forth by Building Officials and Code Administrators International.

The defense questioned Helm's credibility by presenting two eyewitnesses, both of whom testified that the accident happened in the day during daylight hours and not at night. The defense maintained that Helm was contributorily negligent because she should have been aware of the height difference, since she initially stepped onto the ramp to access the residence.

The defense's expert in engineering disputed the claim that the handicap ramp violated building codes. The expert opined that the step-off was clearly and visibly colored red, which was in direct contrast to the white-colored concrete adjacent to it. The expert stated that the property owners were not required to obtain a permit to install the ramp in 2002, since at that time the municipality did not require property owners to obtain a permit to install handicap ramps.

Following the accident, Helm presented to an emergency room with pain and swelling in her right foot. She underwent an X-ray that was negative. She was fitted with a walking boot and discharged.

In the week following the accident, Helm presented to a podiatrist with ongoing complaints of pain and swelling to her right foot, despite efforts to remain non-weight-bearing. She underwent an X-ray, which allegedly showed an avulsion fracture of the lateral malleolus of the right ankle. Helm was further diagnosed with a partial-thickness tear of the right peroneus brevis tendon in her ankle, tendinitis of the right peroneal tendon, post-traumatic neuropathy of the right peroneal tendon and right foot drop.

Through 2018, Helm treated with extensive physical therapy that included exercises and pain medication. She continued to wear her walking boot and alternated with using a cane. Helm consulted with her podiatrist and pain management specialist regularly.

In late 2017, Helm presented to an orthopedic surgeon with ongoing complaints of lower back pain. She underwent testing and was diagnosed with complex regional pain syndrome, which is alternately termed “reflex sympathetic dystrophy.” Helm treated with a series of epidural injections and trial spinal cord stimulators before having a permanent one implanted in May 2018. Following the implantation, and continuing at the time of trial, Helm continued to treat with pain medication and to consult with her physicians. She sought to recover a stipulated health care lien of $27,771.25.

Helm's expert in orthopedic surgery causally related Helm's injuries and treatment to the accident and opined that she suffered permanent injuries to her right ankle and lumbar spine, due to the complex regional pain syndrome.

Helm testified that she experiences constant pain in her right foot and her lower back. She continues to use her walking boot and cane. Helm stated that she is unable to stand and sit for long periods, and she can no longer physically engage with her young grandson, including walking and playing baseball with him. Helm sought damages for past and future pain and suffering.

The defense attributed Helm's back complaints to two motor-vehicle accidents, in 2011 and 2013, causing alleged back pain. One of the accidents resulted in a lawsuit, and during that litigation Helm stated that her life was devastated due to her back injury, similarly to what she testified in her suit against the Bradleys, the defense argued. The defense also noted that Helm had been receiving Social Security disability benefits since the 1980s for several conditions, including asthma and chronic obstructive pulmonary disease.

The defense's expert in orthopedic surgery testified that Helm suffered an avulsion fracture to her right heel and not an avulsion fracture to her lateral malleolus. The expert opined that Helm's complaints of back pain and treatment were attributable to her long-standing complaints of lumbar pain. This report is based on information that was provided by plaintiffs and defense counsel.

—This report first appeared in VerdictSearch, an ALM publication