Ghanadioff v. Produce Junction

$500,000 Verdict

Date of Verdict: June 12.

Court and Case No.: C.P. Philadelphia No. 171204137.

Judge: M. Teresa Sarmina.

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

Injuries: Knee and ankle fractures.

Plaintiffs Counsel: Leonard K. Hill and Susan B. Ayres, Hill & Associates.

Plaintiffs Experts: Gregg W. Frazier, engineering; Malvern; Randall N. Smith, orthopedic surgery, Philadelphia.

Defense Counsel: Thomas F. Reilly and Julia C. Rogers, Chartwell Law Office, Philadelphia.

Defense Expert: Paul A. Horenstein, orthopedic surgery; Philadelphia.

Comment:

On May 3, 2017, plaintiff Nahid Ghanadioff, 64, a dental assistant, tripped and fell on a sidewalk at a Produce Junction store on Bryn Mawr Avenue, in Northwest Philadelphia. She suffered fractures to her knee and ankle.

Ghanadioff sued Produce Junction. She alleged that it was negligent for allowing a dangerous condition to exist.

Ghanadioff claimed that her foot got caught in a crack in the sidewalk, causing her to fall. Her counsel cited a photograph of the crack, which measured 4 inches wide and 1 inch deep. Ghanadioff's counsel argued that Produce Junction failed in its duty to maintain its property in a reasonably safe condition for patrons.

Ghanadioff's expert in civil engineering testified that the crack constituted a dangerous condition that violated the Philadelphia Maintenance Code and other applicable engineering standards.

The defense contended that the sidewalk's condition was open and obvious and one that Ghanadioff should have appreciated and avoided altogether.

Following the accident, Ghanadioff drove home and was later taken by her husband to an emergency room. She had complaints of pain in her left knee and right ankle. Ghanadioff was diagnosed with a fracture of her right ankle. Due to excessive swelling of her left knee, it was determined that a diagnosis could not be made. Her knee was fitted with a brace, and her right foot was placed in a boot. The next day, Ghanadioff presented to an orthopedic surgeon. The surgeon drained her knee, which had been swollen with blood. Ghanadioff was diagnosed with a comminuted fracture of the proximal tibia.

For the next two months, Ghanadioff remained bedridden. She then began a course of physical therapy that consisted of exercises. She remained on this course for three months. Two months post-accident, Ghanadioff came under the care of a podiatrist, who diagnosed her with plantar fasciitis of the left heel. Ghanadioff claimed that the condition developed after her gait had been altered as a result of her knee injury. She received two pain injections to her left heel. Ghanadioff continued to consult with her podiatrist and orthopedic surgeon into 2019. They administered a combined total of 10 injections to her left knee. These included two steroid injections and eight fluid injections. At the time of trial, Ghanadioff continued to consult with her physicians. She sought to recover $5,800 in medical costs.