Jewell v. Newberry

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STATE OF MAINE SUPERJOR COURT
PENOBSCOT, SS.,
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I Docket No. CV-2019-55
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JOHN JEWELL, )
Plaintiff ! )
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V. ) JUDGMENT
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MICHAEL NEWBERRY, )
DefeJ,1dant: )

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This matter came be.fore t)le Court on November 1, 2022 for a trial. Mr. Jewell appeared with
this attorney, Brett Baber,1 Esq. Mr. Newberry did not appear. Mr. Newberry's appearance at
court hearings has been somewhat
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sporadic. The Court waited before starting the trial for Mr.
Newberry to appear., He d,jd not appear, and a default was entered. Therefore, liability has been
established. The heating p1·oceeded to address the issue of damages. The evidence on damages
consists of the testimony 6f Michael Newberry and numerous medical records that were admitted
into evidence. Additionally, it should also be noted that Mr. Newberry did not appear prior to the
end of the hearing. ' ;
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On August 28, 2015; Mr. Jewell was injured on a constructionjobsite being managed by Michael
Newberry. On that d,ay, 1i'r.Jewell fell from an upper story of a home/garage that was being built
to the garage floor below. As a result, he suffered a closed head injury, a left wrist fracture, a
complex shoulder injury, \ffid two rib fractures. Mr. Jewell was 56 years old at the time of the
incident and he is currently 62 years old.
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Ribs I
Mr. Jewell sustained two tib fractures in his fall: a nondisplaced fracture of the left posterior
second rib and a nondisplaced fracture of the left first rib. For some period of time, the rib
fractures caused Mr. Jewell a fair amount of pain. Those fractures appear to have resolved on
their own. 1 ·

Wrist , :
Mr. Jewell suffered from</- comminuted impacted fracture of the distal metaphysis of the left
radius with dorsal displacement (a wrist fracture). Mr. Jewell had pain, swelling, and a deformity
to the left wrist. On the saine date as the incident, Mr. Jewell had a surgical fixation of his left
wrist, including insei;tion ~fa radius locking plate. Thereafter, he engaged in physical therapy.
The wrist irtjury does not 11ppear to cause too many ongoing issues for Mr. Jewell.
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Shoulder ,
Initially, non-operative care was given to Mr. Jewell for his left acromion fracture. This non­
operative care was not suc~essful and his shoulder was very painful. Imaging taken after a period
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of time suggested a widenihg of the acromioclavicular joint. After consultation with a few
doctors, who gave him conflicting advice, he consulted with Dr. Endrizzi, a specialist in treating
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complex shoulder injuries. Dr. Endrizzi operated on January 27, 2016 and performed a full-
thickness rotator cuff repair, open reduction and internal fixation of the acromial nonunion and
distal clavicle excision to his left shoulder. As a result, Mr. Jewell has a metal plate and screws
in his shoulder. The medical records indicate he initially had a great deal of post-surgical
stiffuess, but over time and with physical therapy his shoulder became more comfortable and his
range of motion improved. However, he continues to have some pain, weakness, and limited
range of motion in his shoulder. He engaged in physical therapy for his shoulder both pre and
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post-surgery.

Closed head injury ;
Immediately after his fall; a small abrasion to Mr. Jewell's left temporal area was noted. As a
result of his fall, Mr. Jewqll had vision issues, headaches, and dizziness with fatigue. Imaging
suggested no acute process. After his release from the hospital, Mr. Jewell continued with his
primary care physician for the ongoing symptoms of his closed head injury. Due to the
symptoms of his closed h~ad injury, initially Mr. Jewell did not drive. On June 14, 2016, Mr.
Jewell consulted wi1h Dr.I Dinnerstein, a neurologist. Dr. Dinnerstein opined that Mr. Jewell had
sustained a "moder~te-to-severe" concussion, but had recovered "nicely." Mr. Jewell testified
that he continues to have $ome trouble concentrating.
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As a result of the injuries he sustained in the August 28, 2015 fall, Mr. Jewell's life and activities
have been affected. Initially, he was in pain and on several medications. His wife had to assist
him with his activities and she had to assume all household responsibilities. These acute effects
seem to have resolved. However, he continues to have decreased strength and limited range of
motion in his shoul~er ancl this prevents him from doing certain things, particularly with respect
to engaging with his, grandson, riding his motorcycle, and yard work. He also has some issues
with pai~ and numbness. His ongoing issues with concentration are frustrating to him and seem
to cause a bit of friction b~tween he and his wife. Given the length of time the ongoing issues
have existed, it appears they will continue going forward.
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Medical Bills ,
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Mr. Jewell has incurred $105,367.02 in medical bills in connection with his fall.

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Mr. Jewell is not making claim for lost wages/income past or future. He is not expecting and
therefore is not making a ¢!aim for future medical expenses.

After considering all:ofthb evidence, the Court awards the Plaintiff$355,367.02 ($105,367. in
medical bills and $250,000. in past and future pain, suffering, and loss of enjoyment of life) plus
interest and costs.
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The Clerk shall incorporat~ this Judgment upon the docket by reference.

Dated: November 1, 2022 !
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Maine Superior Court
ORDER/JUDGMENT ENTERED IN THE
COURT DOCKET ON:: /1-'}:\ -~0J.(A