June 24, 2008 : Brian L. Calistri Wins Electric Shock Injury Case After Nine-Day Philadelphia Jury Trial
After a nine-day trial, a Philadelphia Court of Common Pleas jury found no liability against a contractor responsible for maintaining an elevator switch that allegedly caused a severe electric shock injury to a nursing home employee. The contractor was represented by partner Brian L. Calistri and associate Thomas Geroulo of Weber Gallagher's Philadelphia office.
Two witnesses who also experienced shocks while using the switch corroborated the plaintiff’s event. An EMG performed at the Hospital of the University of Pennsylvania found a shock injury to the plaintiff’s arm, and multiple neurologists, including the workers’ compensation defense doctor, confirmed the plaintiff suffered a nerve injury that developed into Reflex Sympathetic Dystrophy (RSD). The employee had been deemed totally disabled by five doctors, including a neurologist who treated her for RSD. The workers’ compensation insurer had paid the plaintiff $160,000 in medical and indemnity at the time of trial.
The plaintiff settled out with the building owner through a joint tortfeasor agreement prior to trial. Her product liability claims were also dismissed before trial against the contractor, which had installed and serviced the key switch in question, including adjustments to the switch, three days before the incident. The matter proceeded to trial on May 30, 2008 on a negligence theory that elevator service company had failed to properly maintain and service the key switch to prevent shocking injuries. Chief among the defenses was the theory that, despite the claimed shocking incidents, the plaintiff could not prove specific conduct on the part of the contractor indicative of negligence. Further, defense medical witnesses attributed the plaintiff’s objective neurological dysfunction in her injured arm to pre-existing Lyme Disease. To rebut this claim, plaintiff called a leading national Lyme Disease expert from Harvard University and the Infectious Disease Society of America. In all, 21 witnesses testified at trial, including 10 experts.
The plaintiff claimed total disability and over $1 million in future wage loss. Her lowest pre-trial demand was the insurance policy limit of $1 million. The jury returned a defense verdict after four hours of deliberation, finding no negligence against the service company despite the confirmed shocks and the admitted adjustments to the key switch shortly before the incident.
File Under: Results, Brian L. Calistri, Thomas Geroulo