4/21/2008
Smith v. Cari, LLC
In Smith v. Cari,LLC, plaintiff, age 42, slipped and fell off of a ladder attached to a water tank on our client’s property. As a result of the accident, plaintiff suffered from bilateral intra-articular fractures in the heels of both of his feet which required open reduction/internal fixation as well as reconstructive surgery. X-rays revealed multiple deformities of the subtalor joint as well as widening and bone spur formations in the calcaneus. Following the surgery, plaintiff had limited range of motion in his ankles and toes. Plaintiff’s doctors believed that plaintiff was a candidate for bilateral subtalor fusions. Plaintiff also alleged that he suffered from post traumatic lumbar pain.

As a result of his injuries, plaintiff claimed to be totally disabled. At the time of the accident, plaintiff was employed by his father’s company which installed, inpected and repaired fire suppression systems. He was earning $170,000/year.

At the damages trial, plaintiff’s counsel argued that plaintiff was permanently and totally disabled and would only get worse over time. He asked the jury for 2.5 million in past pain and suffering and “more than that” for future pain and suffering. He also asked the jury for $6,000,000 in future lost earnings and $600,000 in past lost earnings. In total, plaintiff’s counsel asked the jury for over $12,000,000.

Andrea Sacco Camacho successfully argued that although plaintiff suffered a significant injury he had a good recovery. She also argued that plaintiff did not suffer from any significant back injury nor did he suffer from advanced arthritis in his feet. It was her position that plaintiff could go back to work as a part owner in the family business.

The jury agreed with Ms. Camacho and returned a verdict as follows:
• $250,000 for past pain and suffering;
• $250,000 for future pain and suffering;
• $250,000 for past lost earnings;
• $1.1 million dollars for future lost earnings; and
• $100,000 for future medical care.

The total verdict was 1.9 million dollars.