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No recovery for patient injured by recliner

By: Erika Strebel, [email protected]//August 17, 2015//

No recovery for patient injured by recliner

By: Erika Strebel, [email protected]//August 17, 2015//

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Following a trial in a personal-injury lawsuit, jurors at the Milwaukee County Circuit Court returned a verdict Oct. 30 finding that a medical center should not be held liable for an injury supposedly caused by a malfunctioning recliner.

Even so, jurors decided the amounts needed to fairly and reasonably compensate the plaintiff would be: $239,729.50 for past medical expenses; and $120,000 for past pain, suffering, disability and disfigurement. The jury also awarded $60,000 for the related claims of loss of society and companionship asserted by the plaintiff’s husband.
Because of the verdict, Judge Paul Van Grunsven entered a judgment in favor of the defense on Jan. 15.

Case history (according to court documents):
On Sept. 3, 2010, the plaintiff, Margaret Gagliano, was a patient at Aurora St. Luke’s Medical Center when a malfunctioning recliner struck her right calf.
Gagliano and her husband filed a lawsuit against the medical center and its insurer, AA Insurance Co., asserting negligence.
In addition, the plaintiffs argued that the medical center had been notified of the plaintiffs’ desire to have the recliner chair inspected to determine how it malfunctioned but were told the medical center could not fine the chair. Thus, the plaintiffs included a claim for spoliation of evidence and sought punitive damages.
Mediation was completed, but no settlement was reached.
VERDICT: $419,729.50, reduced to $0 in judgment
Case name: Margaret and Charles Gagliano, plaintiffs, and Blue Cross Federal, subrogated plaintiff v. Aurora Health Care Metro Inc. and AA Insurance Co., defendants
Case type: personal injury
Court: Milwaukee County Circuit Court
Case number:11CV11498
Date of incident: Sept. 3, 2010
Disposition date: Jan. 15
Injuries: injured right calf
Special damages: medical and hospital expenses, husband’s related loss of society and companionship, punitive/exemplary damages, compensatory damages, costs, disbursements, and attorney’s fees
Trial dates: Oct. 30
Plaintiff’s attorney: Victor Harding of Warshafsky, Rotter, Tarnoff & Bloch SC, Milwaukee
Defendant’s attorney: Michael Johnson of Otjen, Gendelman, Zitzer, Johnson & Weir SC, Waukesha

– Cristina Janda

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