Jarema v. N.C. Masonry

$2.87M Verdict

Date of Verdict: Aug. 15.

Court and Case No.: C.P. Dauphin No. 2011cv12293.

Judge: Andrew Dowling.

Type of Action: Personal injury.

Injuries: Foot injury.

Plaintiffs Counsel: Howard Silverman, Haggerty & Silverman, Lancaster.

Plaintiffs Experts: Vincent Gallagher, safety, Audubon, New Jersey; John Risser, vocational, Elizabethtown.

Defense Counsel: Anthony Lucido, Johnson, Duffie, Stewart & Weidner.

Defense Expert: Jasen Walker, vocational, Valley Forge.

Comment:

A welder whose foot was run over by a motorized pallet jack loaded with mortar has secured a $2.87 million award.

On Aug. 15, a Dauphin County jury awarded John Jarema $400,000 in past lost earnings, $1.4 million in lost earning capacity and $980,000 in pain and suffering. Along with a stipulated workers' compensation and medical lien of nearly $98,000, Jarema received more than $2.87 million. The nearly four-day trial was held before Dauphin County Court of Common Pleas Judge Andrew Dowling.

According to Haggerty & Silverman attorney Howard Silverman, who represented Jarema, delay damages should add an additional $900,000 to the case, bringing the total judgment to more than $3.78 million.

"I think there's a perception that Philadelphia juries are the only ones that will award money, but if you have a genuine person with a genuine injury and real loss, it doesn't matter where you're at," Silverman said.

Jarema's pretrial memo said that in January 2010 he was working as a welder installing a stainless steel exhaust duct at the Minor League Baseball team Harrisburg Senators' Metro Bank Park, when an employee with N.C. Masonry, another subcontractor on the project, drove a pallet jack over the heel of Jarema's right foot. When the accident happened, Jarema had been welding with his welding hood down, and was in a crouched position.

Jarema's pretrial memo said there were eyewitnesses, and that his liability expert, Vincent Gallagher, opined that, if the pallet jack operators had been trained and followed industry standard, the accident would not have occurred.

According to Jarema's pretrial memo, the accident left him with complex regional pain syndrome. In February 2012, he had to undergo a plantar fasciotomy, and then, in October of that year, he also underwent a tarsal tunnel release. The memo also said he continues to receive cortisone injections every four months.

The injury, the memo said, decreased his strength and stamina, because he could no longer perform strenuous activities. He also reported difficulty navigating stairs, or even descending a curb, saying it can lead to shooting pain in his right foot and ankle, according to the memo.

Jarema's expert, Timothy Kauffman, said that, although he has a "gallant attitude," he suffered significant impairment, and estimated he can only work 30 to 40 hours a week. Jarema's vocational expert, John Risser, opined that his economic outlook is limited, estimating a lost earning capacity of between $983,000 and $1.5 million.

The defendant did not contest liability, but rather contested the severity of Jarema's injuries.

N.C. Masonry's pretrial memo contended that Jarema did not suffer any broken bones or torn ligaments or tendons. N.C. Masonry also contended that Jarema continued to work for another 18 months before he was fired. The memo noted that the jury was permitted to hear that he had been fired for "violating company policies."

N.C. Masonry's expert, Dr. Jasen Walker, disputed much of Risser's opinion, especially the argument that Jarema could essentially only work as a video surveillance monitor. Walker, on the other hand, opined that Jarema could work full time at numerous jobs.

However, Silverman said Walker hurt the defense's credibility when he estimated that Jarema, who, according to Silverman, had been earning $90,000 a year, had an earning capacity around $58,000.

"I think that just wasn't believable," Silverman said. "I think that undermined the whole defense really."

The jury deliberated for more than two hours before rendering its verdict.

Johnson, Duffie, Stewart & Weidner attorney Anthony Lucido represented the defendants. Lucido did not return a call seeking comment.

—Max Mitchell, of the Law Weekly