Tretiacov v. A&R Iron Works

$30,000 Verdict

Date of Verdict: Nov. 14, 2019.

Court and Case No.: C.P. Delaware No. 2016-008541.

Judge: John J. Whelan.

Type of Action: Premises liability, slip and fall.

Injuries: Knee injury.

Plaintiffs Counsel: Kevin M. Blake, Smith Mirabella Blake, Philadelphia.

Plaintiffs Expert: Walter E. Green, architecture, Ambler.

Defense Counsel: Michael K. Willison and Benjamin F. Colburn, Dickie, McCamey & Chilcote.

Defense Expert: Craig L. Israelite, orthopedic surgery, Philadelphia.

Comment:

On Jan. 9, 2015, plaintiff Alexei Tretiacov, 37, a truck driver, slipped on a patch of ice and struck his right knee at 21 Nealy Boulevard in Trainer. Tretiacov was making a delivery at the commercial property. He slipped and his right knee struck the rear bumper of his truck. He claimed a knee injury.

Tretiacov sued property owners Guy Romero and Robin Romero. He alleged that they were negligent for allowing a dangerous condition to exist. He also sued A&R Iron Works Inc., which the Romeros hired to perform snow-removal services. A&R Iron Works was dismissed prior to trial. Tretiacov's expert in architecture testified that the property was not adequately treated for snow and ice. According to the expert, the Romeros failed to develop a maintenance policy or plan to treat and remove snow and ice on walking surfaces; they failed to keep walking surfaces reasonably clear of accumulations of snow and ice; and they failed to periodically monitor weather conditions and walking surfaces for accumulations of snow and ice and for refreezing of once thawed snow or ice.

The defense maintained that the Romeros had a snow and ice removal procedure in place, and that they acted reasonably under the circumstances. The defense asserted that Tretiacov was contributorily negligent. The defense's expert in mechanical engineering testified that Tretiacov had a responsibility to be observant of the conditions where he was walking, to avoid any open and obvious hazards, and to care for his own safety while making deliveries as part of his job duties—all of which, the defense claimed, he failed to do. The expert concluded that the Romeros had an adequate snow-removal policy in place, since the property was salted just prior to the accident.

On Jan. 11, 2015, two days after the accident, Tretiacov presented to an emergency room. He complained of pain and swelling in his right knee. He was fitted with a knee immobilizer, given pain medications and discharged.

Tretiacov was ultimately diagnosed with a tear of the right medial meniscus.

About two weeks post-accident, Tretiacov underwent an MRI and was diagnosed with the meniscus tear. He was put on a course of physical therapy. The treatment, however, allegedly worsened his knee pain, and Tretiacov stopped the therapy. He opted for surgery, and on Feb. 18, 2015, he underwent a partial medial meniscectomy. Following the surgery, and through early 2018, Tretiacov consulted with his surgeon and treated with a series of cortisone and Synvisc injections and a home-exercise program.

Tretiacov's expert testified that his knee tear and treatment were caused solely by him strikinghis knee on the truck's bumper.

Tretiacov alleged that he continues to wear a knee brace and has ongoing limitations. He testified that he is able to work, but he has difficulty driving and can climb stairs only when necessary. Additionally, he claimed he could no longer can walk long distances. Tretiacov sought damages for past and future pain and suffering.

The defense questioned the legitimacy of Tretiacov's injury, due to gaps in treatment and to surveillance footage that showed him engaging in activities without any apparent limitations or the use of a brace.

The defense's expert in orthopedic surgery testified that Tretiacov's meniscus tear was unrelated to any trauma sustained in the accident and was most likely pre-existing. The expert opined that all Tretiacov sustained from the accident was a contusion and a possible sprain to his right knee, from which he made a full recovery.

The jury found Tretiacov 40% liable and the Romeros 60% liable. Tretiacov was determined to receive $30,000, which was accordingly reduced to $18,000.

This report is based on information that was provided by plaintiffs and defense counsel.

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