Thomas A. Montiglio was successful in obtaining a defense verdict in the case of Strobl v. Kellerman, Supreme Court Nassau County 2016 – Defense Verdict. The Plaintiff was a 67-yr. old female who was a front seat passenger in a vehicle that was rear ended by on the I-95. Liability was conceded and the trial was on damages only.
The Plaintiff alleged that as a result of the accident she had to undergo a left total knee replacement. The Plaintiff was taken by ambulance from the accident to the hospital where she made complaints of bilateral knee pain. The plaintiff treated for PT for a few months then had an unexplained 14-month gap in treatment with her orthopedist. After beginning to treat with her orthopedist again, the Plaintiff waited another 22 months before having the knee replacement surgery.
The Plaintiff was morbidly obese and alleged that the 22-month gap was as a result of her having gastric bypass surgery to lose weight prior to having the knee replaced. However, this need to lose weight prior to the surgery was not documented anywhere in her medical records.
The x-rays and MRI’s conducted on plaintiff’s knee showed degeneration which was also noted in the Operative Report.
The argument was set forth to the jury that the knee surgery was caused by a progressive deterioration as a result of her excessive weight during her lifetime coupled with her 25-yr. career as a postal worker.
The jury found that the knee surgery was not causally related to the accident.
