Woman’s arm was yanked back by deli employee – $450,000 Settlement

Woman’s arm was yanked back by deli employee – $450,000 Settlement

By: Virginia Lawyers Weekly October 31, 2017

On Jan. 12, 2014, the plaintiff and her family were having lunch at McAlister’s Deli. While at
lunch, the plaintiff was seated in an armless chair at a table with her back to the aisle. At that
same time, a female busser carrying a large and heavy bus pan filled with dishes walked quickly
down the aisle towards the plaintiff, and as she passed by the plaintiff, she yanked the plaintiff’s
right arm backwards with the bus pan as she continued walking forwards. The plaintiff
immediately felt sharp pain in her right shoulder/upper arm and sought medical treatment.
Initially she was diagnosed with an acute right shoulder injury and referred to physical therapy
but it was not helpful and she subsequently underwent surgery for her right shoulder. During the
surgery it was found that the plaintiff had a superior labral tear. Two weeks following the
surgery, the plaintiff had to undergo a surgical revision for a repair of the subscapularis
osteotomy. Over the next year the plaintiff required prolonged orthopedic treatment, several
courses of physical therapy, cortisone injections, and pharmacological management. She missed
time from work as the owner and personal trainer of her fitness studio. Due to the surgical repair
and implanted hardware, the plaintiff had some permanency of limitation and impairment in her
right shoulder. The defense claimed that the shoulder injuries were degenerative and preexisting.

[17-T-149]

Type of action: Personal Injury

Injuries alleged: Initial injury was acute right shoulder injury to include a superior labral tear,
followed by a subscapularis avulsion following a right shoulder arthroplasty.

Name of case: Lisa Walker v. M 2 LLC, d/b/a McAlister’s Deli and Miller Group USA and
Sarah Gandolfo

Court: City of Richmond Circuit Court

Case no.: CL15-4708

Tried before: Mediation

Name of judge or mediator: Hon. Donald H. Kent

Date resolved: June 24, 2017

Special damages: $175,500.34 – Breakdown: Medical Bills: $155,793.96 Lost Wages:
$19,370.00 Mileage Costs: $336.38

Verdict or settlement: Settlement

Amount: $450,000.00

Attorneys for plaintiff: Colleen Marea Quinn, Richmond

Attorneys for defendant: John W. Zunka, Charlottesville

Plaintiff’s experts: Geoffrey B. Higgs, M.D.

Defendant’s experts: William C. Andrews, Jr., M.D.

Insurance carrier: Defendant’s carrier – The Hartford


RICHMOND: 804-285-6253
CONTACT US

Woman’s arm was yanked back by deli employee – $450,000 Settlement


By: Virginia Lawyers Weekly October 31, 2017

On Jan. 12, 2014, the plaintiff and her family were having lunch at McAlister’s Deli. While at
lunch, the plaintiff was seated in an armless chair at a table with her back to the aisle. At that
same time, a female busser carrying a large and heavy bus pan filled with dishes walked quickly
down the aisle towards the plaintiff, and as she passed by the plaintiff, she yanked the plaintiff’s
right arm backwards with the bus pan as she continued walking forwards. The plaintiff
immediately felt sharp pain in her right shoulder/upper arm and sought medical treatment.
Initially she was diagnosed with an acute right shoulder injury and referred to physical therapy
but it was not helpful and she subsequently underwent surgery for her right shoulder. During the
surgery it was found that the plaintiff had a superior labral tear. Two weeks following the
surgery, the plaintiff had to undergo a surgical revision for a repair of the subscapularis
osteotomy. Over the next year the plaintiff required prolonged orthopedic treatment, several
courses of physical therapy, cortisone injections, and pharmacological management. She missed
time from work as the owner and personal trainer of her fitness studio. Due to the surgical repair
and implanted hardware, the plaintiff had some permanency of limitation and impairment in her
right shoulder. The defense claimed that the shoulder injuries were degenerative and preexisting.

[17-T-149]

Type of action: Personal Injury

Injuries alleged: Initial injury was acute right shoulder injury to include a superior labral tear,
followed by a subscapularis avulsion following a right shoulder arthroplasty.

Name of case: Lisa Walker v. M 2 LLC, d/b/a McAlister’s Deli and Miller Group USA and
Sarah Gandolfo

Court: City of Richmond Circuit Court

Case no.: CL15-4708

Tried before: Mediation

Name of judge or mediator: Hon. Donald H. Kent

Date resolved: June 24, 2017

Special damages: $175,500.34 – Breakdown: Medical Bills: $155,793.96 Lost Wages:
$19,370.00 Mileage Costs: $336.38

Verdict or settlement: Settlement

Amount: $450,000.00

Attorneys for plaintiff: Colleen Marea Quinn, Richmond

Attorneys for defendant: John W. Zunka, Charlottesville

Plaintiff’s experts: Geoffrey B. Higgs, M.D.

Defendant’s experts: William C. Andrews, Jr., M.D.

Insurance carrier: Defendant’s carrier – The Hartford

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PO BOX 11708
RICHMOND, VA 23230

PHONE: (804) 285-6253
FAX: (804) 545-9400

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