Newman v. Liuzzo

$740,000 Settlement

Date of Settlement: April 15.

Court and Case No.: C.P. Wayne No. 2018-CV-777.

Judge: 

Type of Action: Motor vehicle.

Injuries: Arm, liver, rib injuries.

Plaintiffs Counsel: Feeda R. Musitief, Fine and Staud, Philadelphia.

Plaintiffs Expert: Steven J. Valentino, orthopedic surgery, King of Prussia.

Defense Counsel: Margaret E. Wenke, Connor, Weber & Oberlies, Paoli; Sarah E. Modrick, Office of the Attorney General, Harrisburg.

Comment:

On Feb. 4, 2017, plaintiff Harris Newman, 74, was run over by a snow-plow truck at the State Correctional Institution-Waymart, in Waymart. Newman, who was incarcerated at the prison, claimed injuries to his arm, liver and ribs.

Newman sued the driver, who was a prison employee, Joseph Liuzzo, as well as the prison, the commonwealth of Pennsylvania, the Pennsylvania Department of Corrections and underinsured motorist carrier, Chubb National Insurance Co. Newman alleged that Liuzzo was negligent in the operation of a vehicle and that the state entities were vicariously liable. Also, since any monies Newman could collect from the state could not exceed $250,000 pursuant to the limit of the statutory cap, Newman sought to recover his underinsured motorist policy of $500,000.

During his incarceration, Newman was allowed outside on certain occasions. He claimed that, at the time of the accident, he was enjoying his outside privileges when Liuzzo, suddenly and without warning, reversed at a high rate of speed and struck him. Newman's counsel faulted Liuzzo for operating the truck at an excessive speed under the circumstances and for failing to keep a proper lookout.

Newman had to be extricated from underneath the truck's carriage. He was taken by ambulance to a hospital, where he was admitted.

Newman was diagnosed with right-sided fractures of his eighth, ninth, 10th and 11th ribs; a small right hemothorax; a left seventh rib fracture; a fracture of the tenth thoracic vertebra, known as T10; a transverse process fracture at L1; a liver laceration; an adrenal hemorrhage; and separation of the left acromioclavicular joint of his nondominant arm.

Newman underwent surgery to repair his T10 fracture, with percutaneous posterior pedicle-screw instrumentation at T8, T9, T10, T11 and T12. Days later, Newman was discharged home, where he recuperated for a few weeks.

Newman relied on a walker for two months. During this time, he wore a back brace and underwent four months of physical therapy to address his spinal and shoulder injuries, which included tendinitis. Following his physical therapy, Newman consulted with his surgeon and engaged in home exercises. He did the exercises through the end of 2017. Newman claimed ongoing consultations with his orthopedic surgeon.

Newman's expert in orthopedic surgery, in a report, causally related Newman's injuries and treatment to the accident. The expert opined that Newman suffered a 90 percent loss of function of the thoracic spine and a 50% loss of function in the left shoulder. According to the expert, Newman requires future treatment in the form of imaging studies and pain management, all of which was estimated at $25,000 to $30,000 annually. The expert also suggested that Newman will develop adjacent segment disease in his thoracic spine, which will require surgery. The procedure was estimated at $100,000 to $125,000. The expert concluded that Newman will need surgical reconstruction of his shoulder, which was estimated at $40,000 to $50,000.

Newman claimed that he suffers from daily pain in his back and from pain, weakness, stiffness and limited range of motion in his shoulder. He sought damages for past and future pain and suffering.

The parties negotiated a pretrial settlement totaling $740,000. Chubb agreed to pay $490,000, from a policy that provided $500,000 of coverage. The commonwealth of Pennsylvania, on behalf of itself, State Correctional Institution-Waymart and the Pennsylvania Department of Corrections, agreed to pay the statutory limit of $250,000.

This report is based on information that was provided by plaintiffs counsel. Chubb National Insurance's counsel declined to contribute, and the remaining defendants' counsel did not respond to calls for comment.

—This report first appeared in VerdictSearch, an ALM publication