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`NYSCEF DOC. NO. 226
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`INDEX NO. 21203/2014E
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`RECEIVED NYSCEF: 08/27/2018
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`Sl JPREME COlJRT OF THE STATE OF NE\V YORK
`COUNTY OF BRONX
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`--------------------X
`CHETRAM ET\V AROO,
`AFFIDAVIT of EXPERT
`INDEX#: 2120:V20H
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`Plaintiffs,
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`-ag-.unsl-
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`PARKASH 2000, LLC, APPROVED OIL & SERVICE
`CO., THE APPROVED COMPANY OF BUILDING, INC.,
`BAUER \VELDING & BOILER REPAIRS, INC.,
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`Defendants.
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`STATE OF NE\V YORK
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`COlJNTY OF SUFFOLK
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`James Pugh, Ph.D., P.E., being duly sworn deposes and says under the penalties of
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`peI]Ury:
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`I.
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`I mn a licensed professional engineer in the Stale of New York ;md maintain
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`an ollicc al Inter-City Testing and Consulting Corporation, 60 East 42'"' Street, Suite ,t600,
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`New York, New York.
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`2.
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`I received my S.B. degTec in Metallurgy ;md Materials Science from MIT in
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`1968 mHI my Ph.D. dcgTee in Biomedical Engineering from MIT in 1972. Since 1986 I have
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`served as the Director of Biomedical Engineerinw'Mctallur,w ,md Materials Science and
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`En1,>ineering al Inter-City Testing and Consulting Corporation and serve as a Staff Specialist in
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`Scientific Accident Reconstruction. I have held academic positions al the Hospital for Joint
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`Diseases in Biomechanics and Bioen1,>ineering mid the Stale University of New York in the
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`licld of orthopedic en1,>ineering. I have also held professorships al the Cooper l lnion School
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`of Engineering in New York City, the City College of the City l lniversily of New York, mid
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`New York Cniversity. My full credentials and experience ,UT set forth in my Curriculum
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`Vitae attached hereto. I am a member of many scientific mid professional associations
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`including the Americmi Concrete lnstilulc, the Society of Automotive Engineers, the
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`FILED: BRONX COUNTY CLERK 08/27/2018 11:44 PM
`NYSCEF DOC. NO. 226
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`INDEX NO. 21203/2014E
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`RECEIVED NYSCEF: 08/27/2018
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`Americ,m Association of Mechanical Engineers, and lhe American Association of Civil
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`Engineers.
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`in this maller I reviewed among :'l. As parl of my analysis and defect assessmenl
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`olher things, photographs sho\\ing lhe burns, leg-di documenls including depositions and Bills
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`of Particulars, medical records, and other materials associated with lhe incident thal occurred
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`I have Avenue, Bronx, NY. Further, on Aug11Sl a, 201a, in Apartment ,1C at 2000 Anthony
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`extensive experience over :'!O years of work as a licensed professional engineer in the analysis
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`of human bodily i1\jury and the engineering principles associated therewith, including thennal
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`lrauma and water scalds and burns. This allidavil is submitted in support of the Plaintiff
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`judgm ent filed b y Dcfend,mts.
`Chetram Etwaroo ,me! is to oppose the molion for summary
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`,t.. It is understood that the Plaintiff Chetram Elwaroo, elate of birth April 10,
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`I !H8, 5 feet 1-inches
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`in height ,md 178 pounds in weighl, was siuing on a shower bench when
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`hot water came out of the kmcl-held hose. He moved his !di foot out of the tub quickly but
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`Because he had partial amputations of his
`his right foot stayed in the waler a !cw seconds.
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`toes due to diabetic vascular insufficiency prior to the scalding event, and the burn was
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`localized largely to the plantar aspect of the right foot, there was a thickening of the skin more
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`so than normal plantar thickening. Because of lack of sensation, the Plaintiff did not notice
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`the burn.
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`On diagnosis". references an "inconsistent Arslanoglu 5. Further, defense expert
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`the conlnu")', the medical records and photogTaphs show that lhe phmlar bum as either a
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`second degree or third degree
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`burn. Plaintitrs experl Colavito measured the temperatures
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`shortly alier the incident and found them to be 1 -15 to 150 clegTees F.
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`ii. Further, the specilics of the i1\juries to the 1ighl foot as reported in the
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`sloughing of the skin and the reported for two clays, records, because the burn W,L� not treated
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`and bleeding clown to the base of the burn clming debridement, arc all consistent "ith a
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`second to third degree burn consistent "ith a waler temperature between 11-5-150 degrees F.
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`7.
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`Significantly, contrary to Defendant's bio-mechanical expert, the burns
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`2
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`FILED: BRONX COUNTY CLERK 08/27/2018 11:44 PM
`NYSCEF DOC. NO. 226
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`INDEX NO. 21203/2014E
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`RECEIVED NYSCEF: 08/27/2018
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`occurred on the bottom part of the foot as well. This is due to the fact of the positioning of
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`the hose which was not in the bucket when the scalding hot water was delivered to the tub. It
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`is axiomatic that the scalding hot water that is leaving the hose will fill the bottom of the tub
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`where Plaintiffs foot was placed, thereby exposing the right foot to the scalding hot water and
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`leading to an ulcer that has not healed. Additionally, there would also have been direct
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`contact from the scalding hot water coming out from hose to the bottom part of the foot
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`Finally, the hot water would have also burned the other portions of this foot by direct contact
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`coming from the scalding hot water itself even without pulling in the bathtub.
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`8. Therefore, lo a reasonable clq,'Tee of engineering, scientific, ,md
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`biomcchanical certainty, the scalding injuries sustained by Plaintiff were due lo excessive
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`waler temperatures in the range of HS lo 150 degrees F.
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`9. Further, had ,m anti-scald device been installed m the shower, the i1\juries
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`would not have been sustained because the waler temperature would have been limited to
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`120 degrees F.
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`degree of arc lo a reasonable 10. All of the opinions rendered in this allidavit
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`engineering, scientific, and biomechm1ical certainty. It is my opinion lo a reasonable degree
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`of engineering, scientific, mHl biomechm1ical certainly that plaintiff was exposed lo water 115
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`lo 150 degrees F for a few seconds for the reasons cited above and per the exphmalions cited
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`above.
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`3
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`FILED: BRONX COUNTY CLERK 08/27/2018 11:44 PM
`NYSCEF DOC. NO. 226
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`INDEX NO. 21203/2014E
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`RECEIVED NYSCEF: 08/27/2018
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`I sayeth not. 11. Further, at this juncture,
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`Sworn to before me this
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`20"' clay of.July 20 I 8
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`4
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`FILED: BRONX COUNTY CLERK 08/27/2018 11:44 PM
`NYSCEF DOC. NO. 226
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`INDEX NO. 21203/2014E
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`RECEIVED NYSCEF: 08/27/2018
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`(This is a Sample CV, please refer to our website for a complete listing of all CVs.)
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`Expert CV Dr. James Pugh, P.E.(condensed)
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`EXPERTISE
`Analysis and evaluation of personal injuries and causal relationship of injuries to the
`accident events and environment. Specialist in scientific accident reconstruction,
`metallurgy and material science. Analysis of sports injuries, automotive defects &
`seatbelt performance in vehicular accidents; injuries sustained by failure of medical
`devices. Member ASTM Slip and Fall Committee.
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`EDUCATION
`1972 Ph.D. in Biomedical Engineering from the Department of Metallurgy and Materials
`Science, Massachusetts Institute of Technology (MIT), Cambridge, Mass.
`1968 B.S. in Metallurgy & Materials Science from Department of Metallurgy & Materials
`Science, Massachusetts Institute of Technology, (MIT), Cambridge, Mass.
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`EXPERIENCE
`1986 - Present Director, Biomedical Engineering, Materials Science & Engineering
`InterCity Testing & Consulting Corporation; Staff Specialist in Scientific Accident
`Reconstruction; Regular attendee at Stapp Car Crash Conferences (SAE).
`1/1/85 - 10/1/86 State University of New York at Stony Brook
`Research Professor, Department of Orthopaedics, School of Medicine Professor of
`Materials Science and Engineering, Technical Director of Gait Laboratory, Director of
`Orthopaedic Engineering
`11/1/79 - 12/31/84 Hospital for Joint Diseases Orthopaedic Institute
`Director, Division of Bioengineering
`Associate Director, Occupational & Industrial Orthopaedic Center
`9/1/72 - 10/31/79 Hospital for Joint Diseases & Medical Center
`Director, Biomechanics Laboratory
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`PROFESSORSHIPS
`7/95 - Present Professor, Cooper Union School of Engineering, New York
`10/86 - 6/87 - Visiting Professor of Bioengineering
`The Cooper Union School of Engineering, New York City
`12/20/89 - Affiliate Professor/Bioengineering
`The University of Washington, Seattle, Washington
`1/85 - 10/86 - Research Professor, Department of Orthopaedics,
`School of Medicine, SUNY State University of New York at Stony Brook
`9/72 - 12/84 - Professorships at Mount Sinai School of Medicine, The Cooper Union
`School of Engineering, New York University, City College/University of NY.
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`TEACHING & ACADEMIC ACTIVITIES
`Adjunct Professor - Cooper Union School of Engineering; Teacher of in-company
`courses in finite-element analysis, strength and structural analysis, and human factors
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`

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`FILED: BRONX COUNTY CLERK 08/27/2018 11:44 PM
`NYSCEF DOC. NO. 226
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`INDEX NO. 21203/2014E
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`RECEIVED NYSCEF: 08/27/2018
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`engineering. He has published on a variety of technical subjects in nationally recognized
`engineering journals and proceedings.
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`PROFESSIONAL ORGANIZATIONS
`American Society for Mechanical Engineers (ASME)
`American Society for Testing and Materials (ASTM)
`American Society of Civil Engineers (ASCE)
`Subcommittees: F4 Implant Devices and Materials, F8 Sports Equipment
`American Society for Metals (ASM)
`Orthopaedic Research Society (ORS)
`National Association of Professional Accident Reconstruction Specialists (NAPARS)
`National Society for Professional Engineers (NSPE)
`New York State Society for Professional Engineers (NYSSPE)
`Society of Automotive Engineers (SAE)
`Society for Plastic Engineers
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`LICENSES
`Professional Engineer (P.E.) New York State, Registered 1984, #0613911
`U.S. Coast Guard Operator's License, Issued 1984,
`Coastal, Up to Six Passengers, Up to 60 Tons Auxiliary Sail, Inland
`Private Pilot, Single Engine, Land, Licensed 1981
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`For more information about this expert email InterCity at expt1@aol.com
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`

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`FILED: BRONX COUNTY CLERK 08/27/2018 11:44 PM
`5/22/2018
`InterCity Testing & Consulting Corporation
`NYSCEF DOC. NO. 226
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`INDEX NO. 21203/2014E
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`RECEIVED NYSCEF: 08/27/2018
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`Profile: InterCity Testing & Consulting Corporation
`Dr. Jeffrey Ketchman, P.E.
`Dr. James Pugh, P.E.
`Dr. Anthony Storace, P.E.
`Lawrence K. Schneider, P.E.
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`1
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`167 Willis Avenue
`Mineola, NY 11801
`Phone: (516) 747-8400
`Fax: (516) 746-0111/0121
`Published Cases
`$10,600,000 VERDICT - PRODUCTS LIABILITY - DEFECTIVELY DESIGNED COMMERCIAL STORAGE RACK - RACK
`COLLAPSES AFTER BEING STRUCK BY FORKLIFT - MULTIPLE LUMBAR VERTEBRA FRACTURES - FOUR-LEVEL
`LUMBAR FUSION PERFORMED - PERMANENT NEUROLOGICAL INJURIES - URINARY INCONTINENCE - SEXUAL
`IMPOTENCE - CONFINEMENT TO WHEELCHAIR - TOTAL DISABILITY FROM EMPLOYMENT.
`This was a products liability and negligence action brought against the manufacturer of an industrial warehouse storage rack as
`well as five other defendants. The other defendants including the owner of the facility where the incident occurred, several rack
`maintenance companies, and the installer and seller of the racking system, all settled the plaintiff’s claims shortly befor... - from
`The Pennsylvania Jury Verdict Review and Analysis (47638)
`CONFIDENTIAL RECOVERY Products liability - Defective design alleged - Kubota tractor falls over and kills
`operator while in use due to lack of roll bar.
`The plaintiff’s decedent was using the tractor manufactured by the defendant. The tractor rolled over and killed the decedent
`operator. The plaintiff alleged defective design since the vehicle was not equipped with a safety roll over bar. The defendant
`denied any product design defect.
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`2
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`On April 2, 2003 the plaintiff’s 54-year-old decedent was using a Kubota Tractor Mode... (8640)
`$2,000,000 RECOVERY - FAILURE TO PLACE SAFETY CAGE ATTOP OF 29-FOOT TALL WALL-MOUNTED LADDER -
`LADDER USED BY PLAINTIFF STARTING UP RECENTLY INSTALLED HVAC SYSTEM - 24-FOOT FALL - BURST
`FRACTURE AT L-5 - FAILED INITIAL FUSION - CHRONIC PAIN SYNDROME - SHATTERED TIBIA/FIBULA - OPEN
`REDUCTION AND INTERNAL FIXATION - NON-UNION - INABILITY TO CONTINUE WORKING.
`The plaintiff HVAC mechanic in his early 30s was in the process of starting up a new HVAC system that had recently been
`installed in a warehouse that had been constructed in 1984. The plaintiff contended that the upper portions of a 29-foot tall wall-
`mounted ladder attached from the roof should have been equipped with a safety cage. The plaintiff, who was descending the
`ladder aft... - from The New Jersey Jury Verdict Review and Analysis (32916)
`$4,500,000 VERDICT - PRODUCT LIABILITY - ALLEGEDLY DEFECTIVE INFLATABLE DEVICE USED TO STOP
`WATER FLOW IN SEWER PIPES - DEVICE EXPLODES UPON OVERINFLATION - ORBITAL FRACTURE - ULNAR
`FRACTURE - CLOSED HEAD INJURY - BRAIN DAMAGE - COGNITIVE DEFICITS.
`The male plaintiff, age 34 years old at the time of injury, brought this action on theories of both strict liability and negligence.
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`The defendants included the supplier and the manufacturer of an inflatable device known as a "muni ball." The device, which is
`used to halt the flow of liquid in large sewer pipes, exploded while being inflated by the plaintiff. The plaintiff cl... - from The
`Pennsylvania Jury Verdict Review and Analysis (40909)
`$750,000 VERDICT - PRODUCTS LIABILITY - ALLEGEDLY DEFECTIVELY DESIGNED LAWN MOWER - FAILURE TO
`PROVIDE GUARD FOR DISCHARGE CHUTE - LACK OF ADEQUATE BOTTOM LIP - DISCHARGED NAIL STRIKES
`MINOR PLAINTIFF IN EYE - LOSS OF LEFT EYE.
`This action was filed on behalf of the minor male plaintiff, who was 11 years old when a small nail flew out from under a
`neighbor’s lawnmower, striking the plaintiff in the left eye. The injury became severely infected resulting in removal of the left eye.
`The defendants included the seller of the Craftsman lawn mower, the 15-year-old boy who was using the mower, and the
`homeowner whose grass w... - from The Pennsylvania Jury Verdict Review and Analysis (40055)
`$525,000 VERDICT - REAR END COLLISION - RIGHT SIDED ULNAR NEUROPATHY AND CARPAL TUNNEL
`SYNDROME SUFFERED BY PLAINTIFF REQUIRING EXTENSIVE USE OF RIGHT ARM AND HAND BECAUSE OF
`POLIO.
`http://www.jvra.com/expert/cases.aspx?ref=1532
`1/5
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`INDEX NO. 21203/2014E
`FILED: BRONX COUNTY CLERK 08/27/2018 11:44 PM
`In this action, the plaintiff in his mid-50’s contended that the defendant driver struck him in the rear, propelling his right arm into
`5/22/2018
`InterCity Testing & Consulting Corporation
`the dashboard. The plaintiff, who suffered polio as a child, contended that he suffered right sided ulnar neuropathy and carpal
`NYSCEF DOC. NO. 226
`RECEIVED NYSCEF: 08/27/2018
`tunnel syndrome. The plaintiff maintained that because the deficit in the left leg was particularly severe, he had alwa... - from The
`New Jersey Jury Verdict Review and Analysis (32508)
`$300,000 VERDICT - PRODUCTS LIABILITY - DEFECTIVE PUNCH PRESS - LACK OF GUARD OVER FOOT PEDAL -
`LACK OF POINT OF OPERATION GUARD - FAILURE TO WARN - TRAUMATIC AMPUTATION OF NON- DOMINANT
`INDEX FINGER - CRUSH INJURY TO LONG FINGER.
`The plaintiff, a 28-year-old inexperienced punch press operator, filed this action in strict liability against the manufacturer of a
`Niagara punch press and, under a negligence theory, against the owner of the machine. The plaintiff claimed that the punch
`press lacked adequate foot pedal and point of operation guards and that the defendants failed to warn of the dangerous
`conditio... - from The Pennsylvania Jury Verdict Review and Analysis (40194)
`DEFENDANT'S VERDICT - PRODUCTS LIABILITY - ALLEGED DEFECTIVE TABLE SAW - AMPUTATION OF RIGHT
`RING FINGER - FAILURE TO WARN - PSYCHOLOGICAL INJURIES.
`The plaintiff, a carpenter, alleged that a table saw manufactured by the defendant was defectively designed in that its blade
`guard was not suitable for all purposes for which the saw could be used. Specifically, the plaintiff claimed that the guard could not
`be used in a tilted position and was foreseeably removed by the plaintiff’s employer. As a result, the plaintiff sustained ... - from
`The Pennsylvania Jury Verdict Review and Analysis (35003)
`$85,000 GROSS VERDICT Products liability - Allegedly defective clamping device on splicing welder - Surgical
`amputation of non-dominant index finger.
`The male plaintiff, age 40 at the time of injury, filed this action against the defendant supplier of welding equipment on
`products liability and negligence theories. The plaintiff claimed that the defendant was responsible for the lack of a two- hand
`control on a clamping device for a splicing welder which crushed the plaintiff’s left index finger, resulting in its surgical amp... -
`from The Pennsylvania Jury Verdict Review and Analysis (35056)
`$1,500,000 VERDICT - TORT CLAIMS ACT - FAILURE TO CORRECT DANGEROUS CONDITION AT CURVE IN
`ROADWAY - SINGLE VEHICLE CRASH - TRAUMATIC AMPUTATION OF PINKIE, RING AND MIDDLE FINGERS OF
`NON-DOMINANT HAND.
`This was a Tort Claims Act case in which the plaintiff driver contended that as a result of the alleged palpably unreasonable
`failure of the state to correct a dangerous condition involving ruts on the roadway at a curve, he hydroplaned during rainy road
`conditions, striking a utility pole. The plaintiff also contended that the state acted in a palpably unreasonable manner in p... - from
`The New Jersey Jury Verdict Review and Analysis (31663)
`$2,800,000 RECOVERY DURING TRIAL - PLAINTIFF COURIER DRIVER CONTENDS THAT WHILE STOPPED IN
`TRAFFIC, HE IS STRUCK IN REAR INITIALLY BY FIRST DEFENDANT - SECOND DEFENDANT DRIVER THEN
`STRUCK THE FIRST DEFENDANT, PUSHING THE FIRST DEFENDANT'S VEHICLE IN REAR OF PLAINTIFF'S CAR -
`AGGRAVATION AND EXACERBATION OF PREVIOUSLY ASYMPTOMATIC DEGENERATIVE DISC DISEASE - "EGG-
`SHELL" PLAINTIFF - CERVICAL CORD COMPRESSION - POSTERIOR FUSION INVOLVING C3 THOUGH C7.
`The plaintiff van driver, 53-years old at the time of the accident and 57-years old at trial, contended that as he was stopped in
`traffic in his courier van, he was struck an initial time by the first defendant, and then moments later, he was struck a second time
`when the second defendant came upon the scene and struck the initial defendant, propelling his car into the plaintiff’s van. The
`plaint... - from The New York Jury Verdict Review and Analysis (48147)
`DEFENDANT''S VERDICT (cid:0)Products liability - Allegedly defectively designed fork lift - Plaintiff pinned against wall
`by machine - Ruptured colon - Cervical injuries.(cid:0)
`The plaintiff claimed that a forklift known as a "Walkie-Stacker" was defectively designed by the defendant Crown
`Equipment Corporation, resulting in the plaintiff being pinned against a wall. The seller of the forklift was also named as a
`defendant in the case. The defendants argued that the plaintiff’s injuries resulted from misuse of the machine.
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`The plaintiff was trained and a... - from The Florida Jury Verdict Review and Analysis (41630)
`$778,875 VERDICT - REAR END COLLISION - LUMBAR DISC BULGE - LUMBAR DISC HERNIATION - CERVICAL
`STRAIN - THORACIC STRAIN - DIMINISHED EARNING CAPACITY FROM EMPLOYMENT AS TRUCK DRIVER -
`DAMAGES/CAUSATION ONLY.
`The plaintiff claimed that the delivery truck he was driving was stopped to make a left turn when it was struck from behind by the
`defendant’s pickup truck. The defendant admitted negligence, but disputed the causation and seriousness of the plaintiff’s
`injuries.
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`14
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`The plaintiff was a 40-year-old, full-time driver for a beer distributor and was in the course and scope of his em... - from The
`Florida Jury Verdict Review and Analysis (26960)
`$14,000,000 RECOVERY - FALLING OBJECT - PRODUCT LIABILITY - DEFECTIVE DESIGN AND SALE OF HOIST -
`FAILURE TO INCLUDE BALLAST BLOCKS AND BALLAST BOX AS STANDARD EQUIPMENT - HOIST FALLS FROM
`ROOF AND STRIKES PLAINTIFF IN THE HEAD - CRUSH INJURY TO SKULL - TRAUMATIC BRAIN INJURY -
`PERMANENT LEFT-SIDED HEMIPLEGIA - LOSS OF USE OF LEFT ARM.
`This was a product liability action brought against the defendant manufacturer and distributor of an Aeroil RB-3 Hoist which
`catapulted from a roof and struck the plaintiff in the head. The plaintiff claimed that the hoist was defective in that it lacked ballast
`http://www.jvra.com/expert/cases.aspx?ref=1532
`2/5
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`INDEX NO. 21203/2014E
`FILED: BRONX COUNTY CLERK 08/27/2018 11:44 PM
`blocks and a ballast box as standard equipment and that it lacked on-product instructions regarding the amount of cou... - from
`5/22/2018
`InterCity Testing & Consulting Corporation
`The Pennsylvania Jury Verdict Review and Analysis (40618)
`NYSCEF DOC. NO. 226
`RECEIVED NYSCEF: 08/27/2018
`$525,000 RECOVERY - FAILURE OF MALL TO MAINTAIN VESTIBULE AREA BETWEEN INNER AND OUTER DOORS
`- ELDERLY PLAINTIFF TRIPS ON BUCKLED CARPET SQUARE AND FALLS FORWARD - ENUCLEATION OF EYE -
`LOSS OF SENSE OF SMELL.
`In this action, the plaintiff, age 77 at the time of the incident and 80 at trial, contended that the defendant mall negligently failed to
`maintain the carpeting situated in the vestibule between the outer and inner doors. The plaintiff contended that the carpeting,
`which consisted of a series of carpet squares attached to the floor with adhesive material, frequently buckled, c... - from The New
`Jersey Jury Verdict Review and Analysis (32416)
`$1,700,000 RECOVERY - REAR END COLLISION - CERVICAL HERNIATION - SEVERE SOFT TISSUE WRIST INJURY
`NECESSITATING FUSION - TALUS FRACTURE - UNSUCCESSFUL FUSION.
`In this action, the female plaintiff in her 50s contended that as a result of the negligence of the defendant truck driver, who
`struck her in the rear while she was stopped at a traffic light, she sustained a cervical herniation requiring fusion surgery, severe
`tendon and ligament damage to the left, non- dominant wrist which also required a fusion and a chondryl fracture to the... - from
`The New Jersey Jury Verdict Review and Analysis (32084)
`$4,025,000 VERDICT - PRODUCTS LIABILITY - AUTO DEFECT - SEATBELT DEFECT - DEFECTIVELY DESIGNED
`PICK-UP TRUCK - CENTER SEAT BELT BUCKLE NOT INTERCHANGEABLE WITH DRIVER'S RECEPTACLE -
`PLAINTIFF INEBRIATED CENTER SEAT PASSENGER INADVERTENTLY PLACES BELT INTO RECEPTACLE OF
`UNBELTED DRIVER - QUADRIPLEGIA SUFFERED UPON SINGLE VEHICLE ROLL-OVER COLLISION - ENHANCED
`INJURIES CAUSED BY DEFECT.
`This was an action involving a plaintiff passenger in a Toyota pick-up truck who contended that the truck was defectively
`designed because the center seat belt buckle was not interchangeable with the driver’s receptacle. The plaintiff, who was a
`commercial fisherman, contended that he was in the center of the bench seat as he was leaning against the duffel bag to his
`right, mai... - from The New Jersey Jury Verdict Review and Analysis (31910)
`$1,356,507 VERDICT - PEDESTRIAN ALLEGEDLY STRUCK BYBUS DRIVER AS BUS IS TURNING AND PEDESTRIAN
`EITHER ON SIDEWALK OR DIRECTLY NEXT TO CURB - DEATH ACTION - INTOXICATED DECEDENT.
`This was a death action in which the plaintiff contended that the defendant bus driver negligently made a right hand turn
`while he was too close to the curb and negligently failed to make observations in his sideview mirror. The plaintiff contended that
`as a result, the 50-year-old decedent was struck when he was either standing on the curb or directly next to it while in the street
`a... - from The New York Jury Verdict Review and Analysis (33162)
`$2,280,000 VERDICT - PRODUCTS LIABILITY - MOTORCYCLE DEFECT - FAILURE TO PROVIDE KICK STAND
`WHICH WOULD RETRACT UPON CONTACTING GROUND IN EVENT OPERATOR FAILED TO ELEVATE KICK-STAND
`- INCOMPLETE AMPUTATIONS OF DOMINANT ARM AT ELBOW AND 1/2 OF FOOT - FUTURE CONFINEMENT TO
`WHEELCHAIR.
`This was an action in which the plaintiff motorcycle passenger contended that the motorcycle was defectively designed because
`of the absence of a device which would retract the kick-stand, situated on the left side of the motorcycle, if it struck the ground as
`an operator was turning left. The plaintiff also contended that the co-defendant motorcycle operator negligently failed... - from
`The National Jury Verdict Review and Analysis (29992)
`$5,930,499 VERDICT - PRODUCTS LIABILITY - VOLKSWAGEN JETTA - DESIGN DEFECT - UNSAFE RESTRAINT
`SYSTEM - PARAPLEGIC INJURY SUFFERED BY 16-YEAR-OLD PLAINTIFF IN ROLLOVER ACCIDENT.
`This products liability action involved a minor male plaintiff, age 16 when he suffered paralysis at the T-8 level as a result of
`being ejected from a 1987 Volkswagen Jetta during a rollover accident. The vehicle was equipped with the VW passive restraint
`system consisting of a single strap attached to the door. The plaintiff’s cause of action, brought against the defendants Vo... -
`from The National Jury Verdict Review and Analysis (29688)
`$90 VERDICT - REAR END COLLISION - ALLEGED BULGING CERVICAL DISC - MILD CHRONIC CERVICAL
`RADICULOPATHY - CERVICAL SPRAIN AND STRAIN.
`The female plaintiff, age 32 at the time of injury, alleged a permanent cervical injury as a result of a rear end collision by the
`defendant driver. The defendant stressed the lack of property damage to the vehicles involved and evidence of the plaintiff’s
`involvement in four subsequent accidents to argue that she sustained, at most, a mild cervical strain in the collision. The ... - from
`The Pennsylvania Jury Verdict Review and Analysis (34856)
`$10,000 GROSS VERDICT - MOTOR VEHICLE NEGLIGENCE - INTERSECTION COLLISION - SEPARATED
`SHOULDER.
`The 31-year-old driver contended that as a result of the negligence of the defendant driver, who failed to stop at a red light
`and who was speeding, his car was struck, causing him to suffer a shoulder dislocation. The plaintiff and his passenger
`contended that the defendant had the red light and was traveling at a much greater speed than permitted in the 30 mph zone.
`The plai... - from The New York Jury Verdict Review and Analysis (25300)
`$3,030,000 VERDICT - NEGLIGENCE OF HOUSING AUTHORITYEMPLOYEE WHO TURNS ON GAS TWO DAYS
`AFTER PLAINTIFF''S DETECTION OF ODOR PROMPTS FIRE DEPARTMENT TO SHUT OFF GAS - EXPLOSION -
`PLAINTIFF PROPELLED ACROSS ROOM - LUMBAR HERNIATION NECESSITATING INITIAL SURGERY AND
`SECOND OPERATION BECAUSE OF DEVELOPMENT OF INFECTION - NO SIGNIFICANT BURN INJURIES.
`http://www.jvra.com/expert/cases.aspx?ref=1532
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`INDEX NO. 21203/2014E
`FILED: BRONX COUNTY CLERK 08/27/2018 11:44 PM
`The female plaintiff, in her early 50s, a public housing resident, contended that two days after the Fire Department had turned off
`5/22/2018
`InterCity Testing & Consulting Corporation
`her gas upon her detection of an odor, the defendant New York City Housing Authority’s maintenance worker negligently
`NYSCEF DOC. NO. 226
`RECEIVED NYSCEF: 08/27/2018
`determined that there was no leak and turned the gas back on. The plaintiff maintained that a leak was, in fact, present and that
`an expl... - from The New York Jury Verdict Review and Analysis (42471)
`$1,800,000 VERDICT - PRODUCTS LIABILITY - STRICT LIABILITY - COMMON LAW NEGLIGENCE - BREACH OF
`IMPLIED WARRANTY - BABY RECEIVES SECOND AND THIRD DEGREE BURNS OVER 30% OF BODY FROM
`SCALDING WATER FROM ELECTRIC COFFEE URN.
`The plaintiff, a nine-month-old baby, was crawling on the floor of her family’s kitchen. Her older sister, a minor, was making a
`bottle for the plaintiff by using the hot water in a 12 to 30 cup electric coffee urn. The cup on the urn tipped over and the baby
`was scalded over 30% of her body with second and third degree burns. The plaintiff, by her parents, sued the defendants sel... -
`from The New York Jury Verdict Review and Analysis (34060)
`$2,045,000 VERDICT - PRODUCTS LIABILITY - DEFECTIVE DESIGN OF "TILTING" KETTLE - MANUFACTURING
`DEFECT - INADEQUATE WARNINGS - HOT SOUP SPILLS ON PLAINTIFF CAUSING SECOND AND THIRD DEGREE
`BURNS.
`The plaintiff was employed at a restaurant/delicatessen where a 60-gallon "tilting" kettle of hot soup tilted and spilled onto his
`legs and feet, causing significant burn injuries. The defendants in the case included the manufacturer of the tilting industrial soup
`kettle as well as the company which installed and maintained the unit. The plaintiff asserted negligence claims as ... - from The
`Florida Jury Verdict Review and Analysis (26841)
`$300,000 RECOVERY Products liability - Defective insect fogger - Use of flammable propellant - Fire - Burn injuries
`to leg.
`The female plaintiff contended that the defendant’s home insect fogger or roach bomb, marketed as "La Bomba," was
`defective because it utilized propane as a propellant. The plaintiff contended that alternative, non-flammable propellants were
`available and should have been utilized. The plaintiff related that she had turned off the pilot light for the top of her range, but not
`f... - from The New York Jury Verdict Review and Analysis (23395)
`$2,000,000 RECOVERY DURING TRIAL - PRODUCTS LIABILITY - SWEATER MADE OF COMBUSTIBLE MATERIAL -
`SEVERE BURN INJURIES - PRODUCT IDENTIFICATION OF IMPORTED SWEATER AT ISSUE.
`This was a products liability action in which the female plaintiff in her mid-30’s contended that the sweater sold by the
`defendant retailer and distributed by the defendant importer, which was manufactured in mainland China, was defective because
`it was comprised of highly flammable material. The plaintiff contended that as a result, the sweater became engulfed in flames as
`sh... - from The National Jury Verdict Review and Analysis (28187)
`$525,000 RECOVERY - FAILURE OF MALL TO MAINTAIN VESTIBULE AREA BETWEEN INNER AND OUTER DOORS
`- ELDERLY PLAINTIFF TRIPS ON BUCKLED CARPET SQUARE AND FALLS FORWARD - ENUCLEATION OF EYE -
`LOSS OF SENSE OF SMELL.
`In this action, the plaintiff, age 77 at the time of the incident and 80 at trial, contended that the defendant mall negligently failed to
`maintain the carpeting situated in the vestibule between the outer and inner doors. The plaintiff contended that the carpeting,
`which consisted of a series of carpet squares attached to the floor with adhesive material, frequently buckled, c... - from The New
`Jersey Jury Verdict Review and Analysis (32416)
`$170,000 RECOVERY Products Liability - Improper design of cooking brandy bottle - Bottle contains spout and
`handle which encourages pouring into pan - Failure to warn of potential flashback - Burns to upper torso.
`The male plaintiff, a chef in his mid-30’s, contended that after he removed a pan from the flame to pour brandy for flambee,
`a flashback occurred, causing an explosion within the bottle which resulted in second and third degree burns to the torso. The
`plaintiff maintained that the defendant had encouraged users to pour the brandy directly from the bottle into the pan by providi... -
`from The New Jersey Jury Verdict Review and Analysis (19595)
`$5,930,499 VERDICT - PRODUCTS LIABILITY - VOLKSWAGEN JETTA - DESIGN DEFECT - UNSAFE RESTRAINT
`SYSTEM - PARAPLEGIC INJURY SUFFERED BY 16-YEAR-OLD PLAINTIFF IN ROLLOVER ACCIDENT.
`This products liability action involved a minor male plaintiff, age 16 when he suffered paralysis at the T-8 level as a result of
`being ejected from a 1987 Volkswagen Jetta during a rollover accident. The vehicle was equipped with the VW passive restraint
`system consisting of a single strap attached to the door. The plaintiff’s cause of action, brought against the defendants Vo... -
`from The National Jury Verdict Review and Analysis (29688)
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`FILED: BRONX COUNTY CLERK 08/27/2018 11:44 PM
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`INDEX NO. 21203/2014E
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`RECEIVED NYSCEF: 08/27/2018
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