Poke v. Penguins of Darby

$200,000 Verdict

Date of Verdict: Jan. 14.

Court and Case No.: C.P. Philadelphia No. 181004258.

Judge: Michael E. Erdos.

Type of Action: Slips, trips and falls; premises liability.

Injuries: Bilateral patellar tendon ruptures.

Plaintiffs Counsel: Peter M. Newman, Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig, Philadelphia.

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

Defense Counsel: Bryan P. Werley, Zarwin Baum DeVito Kaplan Schaer Toddy, Philadelphia.

Defense Expert: David N. Vegari, orthopedic surgery, Philadelphia.

Comment:

On June 11, 2017, plaintiff Jamila Foluke Poke, 35, was walking down stairs while exiting the Penguins of Darby social club in Darby. She landed awkwardly as she stepped off the bottom stair. Poke suffered bilateral patellar tendon ruptures.

Poke sued the club and its owner, Betty Cuff. She alleged that the defendants were negligent in allowing a dangerous condition to exist. The lawsuit alleged that the stairs were built with a hazardous variation between the riser height of the first five steps, 7 to 8 inches, and the last step, only 3.5 inches. According to Poke's expert in architecture, as Poke descended the stairs, she expected the last riser in the stairway down to the lower landing to be approximately the same height as the other risers she experienced. When she stepped off the last riser, the expectancy was suddenly violated when her left foot unexpectedly landed on the sidewalk from a riser height of 3.5 inches, and not the approximately 7 to 8 inches she experienced with the prior five risers.

The expert opined that under a reasonable standard of care for property maintenance, the Penguin Club should have repaired the stairway to eliminate the hazardous condition. Had the club repaired the stairway and eliminated the hazard of the excessively short bottom riser, Poke's accident would have been avoided, the expert stated.

Poke was not adequately warned of the excessively short riser so that she could adjust her gait and expectation as she descended the stairs on the night of the incident, the expert opined. The expert concluded that the stairs did not comply with applicable building codes and guidelines. The defense maintained that Poke was contributorily negligent, as she was not paying attention while descending the stairs.

The defense's expert in engineering testified that, although the exact date of construction is unknown, the stairs would have complied with any of the codes in place in Darby over the past half-century, and would comply with the current code if the steps were built today.

On cross-examination, the defense's expert in engineering conceded that the stairs did not comply fully with applicable building codes.

Poke was taken by ambulance to a hospital and was admitted. She was diagnosed with tears of her patellar tendons in both legs, and she underwent surgery to repair them. A week later, Poke, with her legs immobilized in braces, was discharged home, where she remained confined to her bed. She received home nursing care for eight weeks.

For the next year, Poke treated with physical therapy and had consultations with her surgeon. In March 2018, nine months after the accident, she underwent a gastric bypass to lessen her weight in order to alleviate the stress off her knees. She received no further treatment.

Poke's expert in orthopedic surgery causally related Poke's injuries and treatment to the accident. According to the expert, as Poke walked down the stairs, she was unprepared for the height differential; therefore, her quadriceps contracted as she was flexing her knee. This resulted in an eccentric load to the patellar tendon, and to a subsequent rupture on the left. After the rupture, she put down her right leg and the same forces were at work; she ruptured her right patellar tendon, the expert opined. According to the expert, due to the severity of her injuries, alteration of the mechanics of her patellofemoral joint and limitation, even after extensive physical therapy Poke will have continued problems and ongoing limitations, as well as progressive deterioration of the patellofemoral joint.

Poke testified that she continues to struggle with physical limitations, including left leg numbness, difficulty walking up and down stairs, leg instability, and difficulty sitting in or getting out of a chair. Poke stated that she is embarrassed by her scars, which have affected her self-image.

She avoids wearing shorts, dresses and high heels. Poke sought damages for past and future pain and suffering.

The defense's expert in orthopedic surgery testified that Poke's obesity, and not the stairs, caused the tendon ruptures.

The jury found that Penguins of Darby was negligent and its negligence was a factual cause of injury to Poke. No liability was found against Poke, who was determined to receive $200,000.

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