Lavina Nicholson v. United Parcel Service
Published: Aug. 16, 1997 | Result Date: Mar. 28, 1997 | Filing Date: Jan. 1, 1900 |Case number: 952221114 – $160,000
Judge
Court
Kings Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Theodore J. Becker
(technical)
Daniel A. Brzusek
(medical)
Defendant
Geoffrey Sheridan
(medical)
Edward Frye
(technical)
Facts
On July 24, 1994, plaintiff Lavina Nicholson, a 76-year-old retiree, was walking past a store in the Bellevue Square Mall, when she was hit from behind by an employee for UPS. The plaintiff claimed the UPS employee was pushing a fully-loaded cart and the cart was piled with packages past the employee's sight level. The plaintiff brought this action against UPS and the employee based on negligent supervision and negligence theories of recovery. The employee was dismissed at trial.
Settlement Discussions
The plaintiff made a settlement demand for $100,000 (per the plaintiff) or $150,000 (per the defendant). The defendant made an offer of compromise for $70,000.
Specials in Evidence
$7,847.30
Injuries
The plaintiff claimed she suffered a concussion and a loss of conciousness. The plaintiff also claimed she suffered a rotator cuff tear requiring acromioplasty as well as permanent loss of strength and motion. Per the defendants, the plaintiff also claimed that she suffered heel and foot injuries resulting in bilateral plantar fascitis.
Other Information
EXPERT TESTIMONY: The plaintiff's treating physician unable to testify live at trial due to illness, testified (for the defense) that the cause of the plaintiff's heel pain (plantar fascitis) was her age and walking regime rather than the accident. The plaintiff's expert testified that the cause of the plantar fascitis was the accident.
Deliberation
____ hours/days
Poll
___-___ (#s pls.)
Length
5 days
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