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$450,000 result- cited in The New York Jury Verdict
Reporter
XIII/24-37 Fall down - Supermarket - Aggravation Of Multiple
Sclerosis
Patrice Johnson v. Tapps Supermarket, Inc. 40729/91 Date of
Settlement 10/11/95 Kings Supreme
Pltf. Atty: Alan M. Greenberg of Barton & Zasky, Manhattan
SETTLEMENT: This $450,000 settlement was for a then 30-year-old
day care worker who claimed that she was injured when she
slipped and fell on a pile of swept-up debris and food scraps in
the produce aisle of the Key Food Supermarket at 176 Myrtle Ave.
in Brooklyn on 11/20/89. Pltf. contended that the pile was
created by an unknown employee of Deft. Deft. argued that Pltf.
was contributorily negligent for failing to see the pile of
debris.
Injuries: activation and/or aggravation of underlying multiple
sclerosis. The multiple sclerosis was diagnosed 7 months after
this accident, and Pltf. began using a cane and walker. Within a
year after the accident, she required the use of a wheelchair.
Pltf. was totally disabled at the time of trial, and wore braces
on her legs and hands. She claimed that she was largely
asymptomatic before the accident, except for a problem with a
buckling knee. Pltf. contended that the multiple sclerosis
process was exacerbated by the trauma that she suffered in this
accident. Deft. argued that the disease would have progressed
the same regardless of the trauma. Specials: $200,000. Pltf.
Expert: Dr. Sidney Cohen, neurologist, Manhattan. Deft. Expert:
Dr. Robert April, neurologist, Manhattan.
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