$1,025,000.00 Acosta v. Ferraro, Jr. et al.

Plaintiff, Victor Acosta, was residing in a house owned by Defendant, Patrick Ferraro, Sr.  On July 6, 2010, Plaintiff (age 46) and said Defendant’s son, Patrick Ferraro, Jr., who was also residing in the same house, were involved in a fight.  During the fight, Ferraro, Jr. punched Plaintiff in the face and kicked him in nose, causing Plaintiff to fall backwards and hit the side of his head on the jagged edges of the broken concrete along the perimeter of the hole in the floor.

As a result of the assault, Plaintiff suffered severe and permanent injuries, including severe traumatic brain injury; multiple facial, orbital and skull fractures; multiple hematomas; respiratory arrest; cognitive impairment with impaired attention and concentration and memory loss; headaches; dizziness/ loss of balance; visual disturbance; anxiety; depression; and feelings of helplessness/hopelessness.  In addition, Plaintiff incurred a Medicaid lien exceeding $151,000.00 and lost wages.

Defendant, Patrick Ferraro, Jr. was arrested and served a prison sentence for the assault.  Defendant, Ferraro, Jr. stated that he did not intend to hurt Plaintiff and that he was just defending himself.  He also stated that he did not intend for the Plaintiff to fall backwards and hit his head.  Plaintiff alleged that Ferraro, Jr. was responsible for his negligent and intentional acts.

Plaintiff also alleged that Defendant, Ferraro, Sr., was responsible for creating the hole in the floor and that it was reasonably foreseeable that someone could fall and get hurt.  Plaintiff’s liability expert opined that the hole was a dangerous condition of the premises and that it was a direct cause of Plaintiff’s injuries.

Prior to trial, the case settled for $25,000.00 as to both Defendants with respect to the negligence count.  Plaintiff obtained Judgment against Defendant, Ferraro, Jr., on 12/3/2013 in the amount of $1,000.000.00 based on the proofs presented.  Mr. Ferraro, Jr. was not present.