Facts

Michael Cho was walking down the sidewalk in front of a senior care center when he was knocked to the ground by a delivery man who was pushing a hand truck down a ramp. Cho suffered an injury to his right hip.

Cho sued Berkeley Farms LLC, the delivery man's employer, and asserted vicarious liability for its employee's negligence. Berkely admitted that the accident occurred through no fault of Cho's.

Damages

Cho claimed $48,000 in past medical costs and sought damages for long-term care and past and future pain and suffering.

Injuries

Cho was taken by ambulance to the emergency room. He sustained a displaced fracture of the right hip and underwent a hemiarthroplasty. The surgery required the femoral head and stem of his right hip to be replaced with an artificial stem and head. Cho was hospitalized for five days and remained at a rehabilitation facility for 14 days. He continued outpatient therapy for months and claimed to have normal progress, but started to regress after about six to eight weeks. Cho claimed that he had a contracture of the right hip and knee, which made walking difficult. His specialist concurred that Cho needed full-time care at a facility that could provide him with assistance as needed. Cho also had a preexisting anxiety disorder, which was exacerbated by the hip injury.

Result

Cho received $600,000 as part of a negotiated settlement for medical costs, long-term care, and pain and suffering.