National Verdicts

Amount:

$315,000

Type:

Mediated Settlement

State:

New York

Venue:

Chenango County

Court:

Chenango Supreme

Injury Type(s):

Case Type:

Premises Liability – Store, Door Accidents, Dangerous ConditionWorker/Workplace Negligence – Negligent MaintenancePremises Liability – Negligent Repair and/or Maintenance

Case Name:

Holly Holterback v. Price Chopper Operating Co., Inc. and ABC Refrigeration & Air Conditioning Inc.

Date:

May 7, 2013

Plaintiff(s):

Holly Holterback (Female, 35 Days)

Plaintiff Attorney(s):

Theodoros Basdekis;
Scarzafava & Basdekis;
Oneonta,
NY,
for
Holly Holterback

Plaintiff Expert(s):

Kenneth Mitchell ;
HVAC;
Washington,
DC called by:
Holly Holterback ■ Reynaldo Lazaro M.D.;
Neurology;
Oneonta,
NY called by:
Holly Holterback

Defendant(s):

Price Chopper Operating Co. Inc., 

ABC Refrigeration & Air Conditioning Inc.

Defense Attorney(s):

Jeffrey E. Hurd;
Burke, Scolamiero, Mortati and Hurd LLP;
Albany,
NY,
for
Price Chopper Operating Co. Inc., ABC Refrigeration & Air Conditioning Inc. ■ William Decaire;
Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C.;
Albany,
NY,
for
Price Chopper Operating Co. Inc., ABC Refrigeration & Air Conditioning Inc.

Insurer(s):

Harleysville Group Inc.

On May 22, 2008, plaintiff Holly Holterback, a 35-year-old unemployed woman, shopped at a supermarket that was located at 165 Delaware Ave., in Sidney. While she was attempting to open a freezer’s door, the door fell off of its hinges. Holterback claimed that she twisted her neck and a shoulder, and she contended that she sustained an injury of her neck. Holterback sued the store’s operator, Price Chopper Operating Co. Inc., and the freezer’s maintainer, ABC Refrigeration & Air Conditioning Inc. She alleged that the defendants were negligent in their maintenance of the freezer. She further alleged that the defendants’ negligence created a dangerous condition that caused her accident. Holterback‘s cooling-systems expert opined that the door slipped off of its hinges as a result of an accumulation of ice on its frame. He contended that the door should have been inspected frequently, to prevent such an incident. ABC Refrigeration & Air Conditioning’s counsel contended that his client was responsible for quarterly inspections and emergency repairs. He claimed that the company’s last inspection did not reveal a malfunction of the subject door. Price Chopper Operating’s counsel contended that the store’s employees conducted periodic inspections of the freezer’s doors. He claimed that ice was not detected during an inspection that was performed some 30 minutes prior to the accident. Holterback‘s cooling-systems expert opined that ice would have been present at that time if ice had caused Holterback‘s accident.

Holterback was transported to a hospital, where she underwent minor treatment. Holterback ultimately claimed that she sustained a herniation of her C6-7 intervertebral disc. The injury was addressed via surgery that included a discectomy, which involved excision of the disc, and fusion of the corresponding level of her spine. Holterback also underwent physical therapy. Holterback‘s expert neurologist submitted a report in which he opined that Holterback‘s injury was a result of the accident. Holterback claimed that she suffers permanent residual pain and a permanent residual diminution of her neck’s range of motion. Holterback‘s expert neurologist submitted a report in which he opined that Holterback‘s residual effects are permanent. Holterback sought recovery of damages for past and future pain and suffering. Defense counsel contended that Holterback‘s herniation was a degenerative condition that predated the accident. He claimed that degeneration was detected by a CT scan that had been performed some 12 months prior to the accident.

The parties negotiated a pretrial settlement, which was established via the guidance of mediator Jeff Anderson. ABC Refrigeration & Air Conditioning’s insurer agreed to pay $315,000. However, Price Chopper’s insurer may reimburse a portion of that amount. The insurers’ contributions will be determined in a separate action.

Judge:

Kevin M. Dowd

Jeff Anderson

This report is based on information that was provided by plaintiff’s counsel and Price Chopper Operating’s counsel. ABC Refrigeration & Air Conditioning’s counsel did not respond to the reporter’s phone calls.