Jefferson v. City of Philadelphia

$134,199.04 Verdict

Date of Verdict: May 3.

Court and Case No.: C.P. Philadelphia No. 170302790.

Judge: Frederica A. Massiah-Jackson.

Type of Action: Premises liability, workplace negligence.

Injuries: Neck, shoulder, back and ankle injuries.

Plaintiffs Counsel: Dan Ward, Simon & Simon, Philadelphia.

Plaintiffs Expert: Brent Weinerman, family medicine, Philadelphia.

Defense Counsel: In-Sook Kim, Robert J. Casey Jr. & Associates, Philadelphia; Steven M. Liero, Connor, Weber & Oberlies; Paoli; Alfred J. Quasti Jr., Law Offices of Thomas J. Wagner, Philadelphia.

Defense Expert: I. Howard Levin, neurology, Elkins Park.

Comment:

On Jan. 6, 2016, plaintiff Deena Jefferson, 22, a convenience store's clerk, tripped and fell while she was walking at 131 N. 10th St., in Center City, Philadelphia. Jefferson claimed that she tripped over a construction trench, resulting in injuries to her neck, shoulder, back and ankle. Jefferson sued the entity that had created the trench, Phung Kien General Contractor Inc.; its principals, Jin Tang Ye and Fen Hui Ye; the roadway's owner, the city of Philadelphia; and the adjoining property's owners, Tung On Association Inc., Chunkit Wong and Ron Chen. A contracted plumber and his company, Hilsford Vidal and Vidal Plumbing Repairs, were named as third-party defendants.

The city was dismissed prior to trial. Also, Jefferson settled with Vidal, his company and the property owners for undisclosed amounts prior to trial. The case proceeded to trial on Jefferson's claims against Phung Kien General Contractor.

The trench had been created on July 13, 2015. Jefferson's counsel alleged that Phung Kien failed in its duty to protect pedestrians by not placing warnings, cones, tape, barricades or any other safety measure to alert them of the trench's presence.

Counsel for Phung Kien contended that the trench was an open and obvious condition, since it was 3 feet in width. The defense cited Jefferson's deposition testimony, in which she stated that she had left her shift at work without permission to get food and was walking back in a brisk manner to her job when she encountered the trench. Had Jefferson been paying attention and not been in a hurried state, the defense contended, she would have observed and avoided the trench.

The defense also faulted Tung On Association, since Tung On had a nondelegable duty to ensure that the property was safe and free of defects. The defense further faulted Vidal and his company for leaving the trench in the condition that it was in when Jefferson came upon it. Counsel for Tung On contended that Phung Kien was contractually responsible for the condition of the property and for any accidents that occurred during the construction period. Counsel for Vidal also cited the contract between Phung Kien and Vidal to assert that Vidal owed no duty to the safety conditions of the job site, as it was Phung Kien's sole responsibility.

On Jan. 12, 2016, Jefferson presented to an orthopedic surgeon. She was treated for a prior left ankle fusion, with complaints of pain to her neck, lower back, left ankle and left, dominant shoulder.

Jefferson was ultimately diagnosed with bulges of intervertebral discs L3-4 and L4-5, a cervical strain and sprain, and lumbar radiculopathy, which she claimed caused pain and numbness in her left leg. Within weeks of the accident, Jefferson underwent MRIs and electromyographies and was diagnosed with her injuries.

Jefferson consulted with her family medicine physician through 2016. In January 2017, about a year after the incident, Jefferson came under the care of a pain management specialist. She was treated with pain medication through July 2018. During that time, Jefferson received an epidural injection to her lumbar spine, which allegedly worsened her condition. No additional treatment was rendered after July 2018.

Jefferson's family medicine physician causally related Jefferson's injuries and treatment to the accident. According to the physician, the accident caused Jefferson to suffer a permanent impairment to her lumbar spine.

Throughout her treatment, Jefferson testified, she relied on her boyfriend to help her with performing activities of daily living, including hygiene. She said she had difficulty bending, which prevented her from bathing herself and tying her shoes, as well as difficulty sitting on hard chairs, standing for long periods and boarding a bus. Jefferson testified that she continues to suffer from lower back pain.

Jefferson sought $34,199.04 in past medical costs and $25,000 to $30,000 in future medical costs, plus damages for past and future pain and suffering.

The defense's expert in neurology testified that Jefferson did not suffer a permanent injury to her lumbar spine. At most, the expert said, Jefferson suffered strains and sprains to her neck and lower back that later resolved.

The jury found Phung Kien General Contractor 100% liable, with no liability against Tung On Association, Vidal and Vidal Plumbing Repairs. The jury determined that Jefferson's damages totaled $134,199.04. Delay damages were later added, bringing the total award to $141,516.08.

This report is based on information that was provided by plaintiffs counsel and Phung Kien General Contractor's counsel. The remaining defendants' counsel were not asked to contribute.

—This report first appeared in VerdictSearch, an ALM publication.