Higgins v. Anders

Defense Verdict

Date of Verdict: Jan. 10.

Court and Case No.: C.P. Bucks No. 2018-01638.

Judge: Robert O. Baldi.

Type of Action: Premises liability, slip and fall.

Injuries: Ankle fracture.

Plaintiffs Counsel: Christopher T. Moyer, Master Weinstein Moyer.

Plaintiffs Expert: David Hardeski, orthopedic surgery; Langhorne.

Defense Counsel: Joseph P. Walsh, Walsh Pancio, Lansdale.

Defense Expert: Joseph B. Mills, engineering, Mullica Hill, New Jersey.

Comment:

On Jan. 30, 2017, plaintiff Timothy Higgins, 60, a forklift's operator, was walking up exterior stairs to his apartment, which was located at 9244A Old Tyburn Road, in Morrisville. He lost his footing on the top step and fell backward. He suffered an injury of an ankle.

Higgins sued the out-of-possession landlord, the Margaret Anders Trust, and its principal, Reuben Anders. Higgins alleged that the trust was negligent for allowing a dangerous condition to exist.

Higgins had lived at the property for two years, and he contended that the top step was partially made of concrete and wood, and that the defective design of the step forced him to turn sideway when using it. Higgins claimed to have lost his balance on prior occasions. His counsel argued that the trust was negligent for failing to remediate the step's defective design.

The defense maintained that the step was not defective. The defense's expert in engineering testified that the step met all applicable municipal and national building codes in terms of dimensions and material. The expert noted that the municipality, prior to Higgins' moving into the property, had inspected the premises and issued a certificate of occupancy.

Higgins suffered a bimalleolar fracture: a fracture involving each of an ankle's malleoli, which are the bony protuberances. The injury involved his left ankle.

Two days after the accident, Higgins presented to an emergency room. He complained of pain and swelling in his left ankle. The next day, he underwent open reduction and internal fixation, in which plates and screws were implanted. He remained non-weight-bearing for a few weeks before starting a course of physical therapy, which he underwent through June 1, 2017. He received no further treatment.

Higgins testified that he is able to function as he did prior to the accident, but that he does so with pain. He claimed that he experiences swelling in his left foot after each workday. Higgins' treating orthopedist opined that Higgins may develop arthritis in his left ankle and that the hardware will remain indefinitely.

Higgins sought to recover a stipulated medical lien of $7,400, and $13,000 in stipulated lost wages, having missed work through June 3, 2017, plus damages for past and future pain and suffering.

The defense maintained that Higgins made a good recovery, as testified by his orthopedic surgeon.

The jury rendered a defense verdict.

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

—This report first appeared in VerdictSearch, an ALM publication