Buie v. Sapp

$30,000 Verdict

Date of Verdict: April 10.

Court and Case No.: C.P. Philadelphia No. 170602933.

Judge: Vincent L. Johnson.

Type of Action: Premises liability.

Injuries: Back injury.

Plaintiffs Counsel: Alexander Kipperman, Spear, Greenfield, Richman Weitz & Taggart, Philadelphia.

Plaintiffs Expert: Norman B. Stempler, orthopedic surgery, Bensalem.

Defense Counsel: Colin E. Brett, Law Offices of Kenneth S. O'Neill, Philadelphia.

Comment:

On March 13, 2016, plaintiff Gina Buie, 56, was working on a ladder at her residence, a row home in Philadelphia. Her neighbor's storm door was suddenly swung open by the wind, striking Buie in the lower back and buttocks.

Buie sued her neighbor, Dorothy Sapp. Buie alleged that Sapp was negligent in allowing a dangerous condition to exist. During court-mandated arbitration, an arbitration panel found in favor of Sapp and against Buie. Buie appealed the decision.

Buie and Sapp lived in adjacent row homes. Buie's counsel alleged that Sapp's door was defective because it would not latch shut on its own. Additionally, per Buie, the door required an extra push to get it to catch so that it shut securely and the hydraulic system that draws the door shut was not working. Buie testified that she previously notified Sapp about her door swinging open unexpectedly.

The defense maintained that the door was not defective and that no wrongdoing had occurred on Sapp's part. Sapp denied that she had received notice of any defective condition regarding the door.

Buie alleged that, upon being struck by the door, she was nearly knocked off the ladder but was able to hold on. She presented to an emergency room with bruising to her lower back and buttocks. She was examined, X-rayed and released.

Days later, Buie presented to a rehabilitation facility with continuing lower back pain. She was put on a course of physical therapy. For the next few months she treated with massages and exercises.

During her treatment, Buie was diagnosed with an aggravation of degenerative joint and degenerative disc disease of the lumbar spine, as well as sacroiliitis and myofascitis. No further treatment was rendered.

Buie's expert in orthopedic surgery causally related Buie's injuries and treatment to the accident. The expert rated Buie's prognosis as poor.

Buie testified that she continues to experience lower back pain that radiates into her legs, causing weakness. She requires a cane. Buie also complained of difficulty with bending, lifting, twisting and turning, as well as with changing positions. She sought damages for past and future pain and suffering.

The defense maintained that any injury Buie suffered from the accident would have been soft tissue in nature and temporary. The defense argued that Buie's treatment was due to long-standing degenerative issues in her lumbar spine.

The jury found Buie 35% liable and Sapp 65% liable. The jury determined that Buie's damages totaled $30,000, which was accordingly reduced to $19,500.

This report is based on information that was provided by plaintiffs counsel. Defense counsel did not respond to the reporter's phone calls.

—This report first appeared in VerdictSearch, an ALM publication