Sledder thrown from sled after colliding with drainage ditch: Missing grate: Multiple fractures: Verdict

Law Reporter, Oct 2004

Stroumbakisv. Town of Greenwich, Conn., Stamford/Norwalk County Super. Ct., No. CV OO 0181627 S, Apr. 14, 2004.

Stroumbakis, 37, was sledding in a public park. The sled crashed into an unmarked ditch above a catch basin on which the grate was missing, throwing Stroumbakis from the sled. He suffered a fractured vertebra, a compressed vertebra, and a leg fracture that led to compartment syndrome and required four surgeries. His past medical expenses were approximately $152,000, and his future medical expenses are estimated at $667,000.

A urological oncologist earning approximately $500,000 annually, Stroumbakis's career is expected to be shortened by about 10 years as a result of the incident. He missed five months of work, incurring lost income totaling about $163,000.

Stroumbalds and his wife sued the town, alleging negligence and public nuisance for not covering the catch basin with anything more than plywood with rocks to weigh it down.

Defendant contended that Stroumbalds was comparatively negligent for sledding there without inspecting the area first.

A jury found Stroumbalds 25 percent at fault and the town 75 percent at fault. It awarded about $6.38 million, including approximately $6.23 million to Stroumbalds and $150,000 to his wife for loss of consortium. Defendant has filed posttrial motions to set aside the verdict and for remittitur. If these motions are denied, plaintiffs will also receive retroactive judgment interest bringing the total judgment to over $9 million.

Plaintiffs' experts were Irving Ojalvo, forensic engineering, Stamford, Conn.; Scott Hoffman, excavation, New Canaan, Conn.; and Steven Hindman, orthopedics; Paul Apostolides, neurosurgery; and Halina Snowball, physiatry, all of Greenwich, Conn.

Defendant's expert was James MacBroom, engineering, Cheshire, Conn.

Plaintiffs' Counsel

* Stewart M. Casper, Stamford, Conn.

Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Casper.