Nadwodny v. Chrusch

Defense Verdict

Date of Verdict: Jan. 16.

Court and Case No.: C.P. Montgomery No. 2016-12505.

Judge: Richard P. Haaz.

Type of Action: Premises liability, slip and fall.

Injuries: Finger fracture.

Plaintiffs Counsel: Gerald J. Mullaney Jr., Mullaney & Mullaney, Philadelphia.

Plaintiffs Experts: Stuart L. Trager, orthopedic surgery, Philadelphia.

Defense Counsel: Joseph F. Murphy, Bennett Bricklin & Saltzburg, Philadelphia.

Defense Expert: William H. Kirkpatrick, orthopedic surgery, Bryn Mawr.

Comment:

On June 18, 2014, plaintiff Jeanette Nadwodny, an executive assistant in her late 40s, was walking on a concrete walkway at 1536 N. Pleasantview Road in Sanatoga. She tripped and fell. Nadwodny suffered a fracture of her finger.

Nadwodny sued the property owners, Kenneth Chrusch and Judith Chrusch. Nadwodny alleged that they were negligent for allowing a dangerous condition to exist. At the time of the accident, Nadwodny, who was friends with the Chrusches, was pet sitting their dog. She was walking on a concrete walkway from their driveway to the Chrusches' home when her foot allegedly caught a raised concrete slab, causing her to fall forward with her hands extended.

Nadwodny's counsel argued that the Chrusches, by their own admission, were aware of the elevation differential and that it was a dangerous condition, yet they failed to remediate it properly.

The defense maintained that Nadwodny was contributorily negligent. Nadwodny stated that she was distracted by a dead tree branch in the yard. Additionally, Nadwodny, had been at the Chrusches' house multiple times on prior occasions and was aware of the walkway's height differential, and therefore she should have avoided it, the defense argued.

Following the June 18, 2014, accident, Nadwodny presented to an emergency room and was diagnosed with a fracture of her right little finger, of her dominant arm. Her finger was splinted and she was discharged.

Nadwodny was later diagnosed with carpal tunnel syndrome.

Within days of the accident, Nadwodny underwent an open reduction and internal fixation on her fractured finger, in which pins and plates were implanted. For the next two months, Nadwodny treated with physical therapy. In September 2014 she underwent a revision surgery of the fracture site, and in October the hardware was surgically removed. Through March 15 she continued to treat with physical therapy and consult with her surgeon; Nadwodny received no further treatment thereafter.

Nadwodny's expert in orthopedic surgery testified that Nadwodny suffered a permanent injury and has permanent limitations of her hand, including impaired grip strength. If her condition worsens, she may require another surgery, the expert concluded.

Nadwodny testified that she suffers from ongoing pain in her hand and diminished grip strength. She allegedly has difficulty opening jars and door knobs. Nadwodny sought to recover a medical lien of approximately $27,000, plus damages for past and future pain and suffering.

Her husband sought damages for his claim for loss of consortium.

The defense cited the medical records of Nadwodny's orthopedic surgeon, who noted that Nadwodny had normal grip strength upon her discharge in March 2015.

The defense's expert in orthopedic surgery, who examined Nadwodny, testified that Nadwodny may have some limitations in the future; however, she requires no future treatment.

The jury found Nadwodny was 55% liable and Chrusch was 45% liable.

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

—This report first appeared in VerdictSearch, an ALM publication