A cemetery director in Newtown, PA was awarded a $400,000 verdict after he claimed he tripped and fell over an exposed pipe in the cemetery he was working in.  Darrin White alleged that on July 23, 2012 he tripped and fell over a pipe that housed electric cables which led to a construction trailer.  There was a construction project that was taking place at the cemetery that was overseen by G&C Fab-Con with Scungio Borst & Associates, LLC as the general contractor and Travis, Inc. as the electrical contractor.  White sued all three contractors who then filed a third-party complaint against Mobil Mini, Inc., the company that installed the trailer, but they were later dismissed.

White’s counsel provided photos of the pipe which showed it protruded several inches out of a gravel path.  They alleged that G&C and Scungio Borst were negligent in failing to ensure that the pipe was properly submerged under the gravel and that Travis was negligent in failing to create a deep enough trench for the pipe.  The companies’ counsel stated that the pipe only protruded a half-inch and that White was not watching where he was going.

White alleged that he hit his head from the fall.  He went to the emergency room and was diagnosed with a concussion and released.  White claimed that he suffered from headaches after the incident.  He went to his family doctor and later a neurologist who diagnosed post-concussion headaches and memory loss and prescribed medication.  White also began to suffer from anxiety and depression.  He sought to recover around $41,000 in medical costs.

White’s neurologist testified that his condition had plateaued and that his headaches are permanent.  White stated that he cannot return to work and that he continues to suffer from anxiety and depression and that he experiences migraine headaches two to three times a week.  The companies’ expert concluded that White suffered a minor concussion which he had recovered from.  White’s expert maintained that headaches from a concussion could last for years.

The parties negotiated a high-low stipulation in which the defendants’ liability could not exceed $2.5 million but could not fall below $400,000. The jury found White to be 20% liable and that G&C and Scungio Borst were 40% liable and awarded White $300,000 which was automatically raised to $400,000 the stipulation.

This case demonstrates the importance of expert medical testimony to establish exactly what is wrong with the plaintiff, so that any damages awarded accurately reflect the proven injuries.  Thanks to Peter Cardwell for his contribution to this post.  Please email Brian Gibbons with any questions.