Eric Piepes v National Amusements and NAI Holdings LLC – 2/13/20
MSSSV Partner Maurizio Savoiardo started off 2020 with a defense verdict in Federal Court. In this Diversity matter pending in the Brooklyn Court House in the Eastern District of New York, Plaintiff Piepes (an attorney) claimed he injured his knee and back when the escalator he was taking to the College Point Multiplex operated by the Defendants malfunctioned and abruptly stopped. As a result, Plaintiff alleged he twisted his right knee, resulting in a vertical tear of his lateral meniscus requiring arthroscopic surgery. Plaintiff also alleged the incident exacerbated multiple pre-existing, asymptomatic, herniated discs in his lumbar spine with nerve root impingement and confirmed radiculopathy.
We conceded liability and proceeded to defend the case solely on causation grounds. Based on the cross examination of Plaintiff and his treating Physician, the former team doctor for the New Jersey Devils, Maurizio convinced the jury that the abrupt stop of the escalator was not a proximate cause of Plaintiff’s alleged injuries, and that Plaintiff suffered from degenerative knee and back conditions.