Mintz v. Tjoe

Defense Verdict

Date of Verdict: Feb. 12.

Court and Case No.: C.P. Philadelphia No. 171001054.

Judge: Susan I. Schulman.

Type of Action: Premises liability, slip and fall.

Plaintiffs Counsel: Daniel C. Linn, Aversa & Linn, Philadelphia.

Plaintiffs Expert: Michael R. McCoy Jr., family medicine, Philadelphia.

Defense Counsel: Daniel T. Lewbart, Gerolamo McNulty Divis & Lewbart, Philadelphia.

Defense Experts: Michael L. Brooks, radiology, Thornton; Stanley R. Askin, orthopedic surgery, Elkins Park.

Comment:

On Jan. 6, 2017, plaintiff Djuana Mintz, 52, fell on an area of sidewalk at 2810 S. 64th St., in Philadelphia. She claimed that she slipped and fell on snow and ice. She alleged injuries to her neck and back.

Mintz sued the property owners, Catharina Tjoe and Eddy Soejanto. She alleged that they were negligent for allowing a dangerous condition to exist. Tjoe and Soejanto brought in LaTonya Singleton as a third-party defendant. Singleton was a tenant at the property, and she was dismissed prior to trial. Mintz's counsel argued that the property owners failed in their duty to ensure that the sidewalk was free of any hazardous conditions, including remediating any accumulation of snow and ice.

The defense questioned Mintz's credibility. An individual who was with Mintz at the time of the alleged accident testified that her fall occurred during midday; Mintz alleged that it happened during the evening. Additionally, Mintz did not take a photograph of the alleged icy condition, nor did she knock on the tenant's door to report the accident, the defense argued.

The defense contended that Mintz was contributorily negligent for failing to exercise caution, given the wintry conditions.

Two days later, Jan. 8, 2017, Mintz presented to an emergency room, complaining of pain in her neck and lower back. She was examined and released.

Mintz was ultimately diagnosed with a cervical strain and sprain and a herniation at lumbar intervertebral disc L5-S1. About a week post-accident, she came under the care of a family medicine physician who put her on a course of physical therapy. For about eight months, she treated with massage and exercise. During that time, she treated with a pain management doctor who administered an epidural injection to her lumbar spine. She received no further treatment.

In their respective reports, Mintz's family medicine and pain management physicians causally related her injuries and treatment to the accident.

The parties agreed to try the case pursuant to Pennsylvania Rule of Civil Procedure 1311.1.

Under the rule, a verdict is capped at $25,000 and expert-witness reports are submitted into evidence instead of live testimony by the expert witnesses.

Mintz testified that she continues to suffer from back pain, which affects her activities of daily living. She sought damages for past and future pain and suffering. The defense cited Mintz's medical records, which noted that she made a full recovery about 11 months after the accident.

The defense's expert in orthopedic surgery, in his report, testified that any injury Mintz suffered would have been a soft-tissue strain and sprain, which resolved within weeks of treatment. The defense's expert in radiology, in his report, testified that Mintz's MRI of her lumbar spine showed only preexisting degenerative changes absent of any traumatic injury.

The jury found that Tjoe and Soejanto were not negligent.

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

—This report first appeared in VerdictSearch, an ALM publication