AD2 SUPPORTS A COKER

In Coker v. Bakkal Foods, Inc., Serap Coker sued Bakkal Foods, Inc. after she tripped on an extension cord while shopping at the company's store. (The cord was connected to a fan used to dry the floors.)

Coker was later diagnosed with a fractured humerus bone and required orthopedic treatment. Her physician testified her "range of motion was moderately limited," and that Coker would continue to experience shoulder pain, and might need arthroscopic surgery.

When a Suffolk County Supreme Court jury found Bakkal 80% at fault for the accident and awarded Coker $160,000, the company appealed to the Appellate Division, Second Department, contending the lower court erroneously precluded the admission of certain hospital records and testimony.

While entries made in hospital records are admissible when those documents conflict with a party's position, the AD2 agreed the information couldn't have been considered. Although the hospital records indicated Coker "fell at home," it was unclear whether that information emanated from her.

Nor did the AD2 have a problem with the jury's verdict. The $160K awarded to Coker was seen as reasonable compensation under the circumstances.

Bakkal took a hit there.

To download a copy of the Appellate Division's decision, please use this link: Coker v. Bakkal Foods, Inc.