Martin Gallucci v. Candlelight Terrace Condominium Association (2011)

MEMORANDUM OF DECISION

This matter was before the court as a hearing in damages on April 13, 2011, the defendant having been defaulted for failure to appear on February 1, 2006.   The plaintiff Martin Gallucci seeks damages for injuries sustained as a result of stepping in a hole in a sidewalk within the control of the defendant.   As a result of stepping in said hole and falling he is entitled to compensation for his injuries, the expenses incurred as a result of treatment, and the permanent partial disability incurred as a result of said injuries.

An MRI of the left knee performed at Milford Hospital on 11/17/03 revealed that the plaintiff had sustained a “complex tear of the posterior horn of the medial meniscus.”   On 3/30/04 plaintiff underwent surgery performed by Dr. John Aversa consisting of “left knee arthroscopy” consisting of removal of the torn meniscus.

On April 1, 2004 because of findings of postoperative complaints of pain, stiffness and swelling he underwent asperation of said knee and a bloody drainage was removed, which relieved his symptoms.   He was ambulating on crutches at this time.

As 2004 rolled on, pain and discomfort returned.   X–Rays taken in June revealed patella arthritis and patello-femoral arthritis.   In addition pain and discomfort had returned.   On 6/27/05 Dr. Aversa rated the plaintiff as having a 10% permanent partial disability of the left lower extremity.   He further opined that the plaintiff “is at risk for progressive arthritis.” and that “he may require a tibial osteotomy if his problem progresses.”

Dr. Aversa observed, further, that “a tibial osteotomy” would be indicated as the plaintiff “is developing a bowed leg.”   On April 3, 2006 Dr. Aversa, for the first time mentions that if the knee continues to deteriorate, the plaintiff may be a candidate for “unicompartment knee replacement.”

The plaintiff's medical bills total $16,469.69.   In addition plaintiff's work was the servicing of washing machines and he is claiming a loss of earnings in the amount of $3,234.40.   Should the plaintiff require further surgery on his left knee:  left knee arthroscopy would cost $3,000;  left knee osteotomy—$3,500;  and a left knee replacement $6,000—$7,000.   These estimates were supplied by Dr. Aversa.

Accordingly, Judgment may enter in favor of the plaintiff Martin Galluci as follows:

Economic Damages:  $ 26,204.09

Non Economic Damages:  $200,000.00

Total Damages:  $226,204.09

Together with cost of suit.

Skolnick, J.T.R.

Skolnick, David W., J.T.R.