New York Slip And Fall Accident Case Settles For Almost $1 Million
On May 23, 2024, after a Kings County jury found the defendant responsible for plaintiff’s slip and fall accident, a plaintiff settled his slip and fall accident for $990,000.
On Jan. 13, 2019, the plaintiff, then age 47, entered the lower level of a building located in the Sunset Park section of Brooklyn to attend a baby shower. As he was walking in the basement, he slipped and fell and twisted his right ankle as he was falling. Plaintiff sued the owner of the building for negligent in the repair and/or maintenance of the basement floor, creating a dangerous condition. At the time of trial, plaintiff claimed he slipped and fell on water that was leaking from the ceiling. It was argued that the leak from the ceiling was a recurring leaking condition in the area where the plaintiff fell and that the leaking condition had been there for a sufficient period of time. An independent witness, who appeared on behalf of the plaintiff, testified that she had observed the leak on prior occasions. The witness testified that the leak had been observed months prior to plaintiff’s fall. The building repairperson admitted there were prior leaks in the subject basement but claimed the leaks were repaired. However, the building repairman also testified that when the space was rented out, the building would provide a person to monitor the area of the basement for leaks. The building repairman conceded that on the day of the incident, the building failed to provide someone to monitor for leaks.
Plaintiff sustained a trimalleolar fracture of the right ankle, as well as a ligament disruption of the right ankle and a fracture of the medial dome of the right talus. On January 13, 2019, the plaintiff underwent surgery which included the installation of plates and screws. On April 8, 2022, the plaintiff underwent a second surgery on his right ankle to remove the implanted hardware. After the surgeries, the plaintiff had to go to physical therapy for nine weeks. Vergara claimed the hardware implanted from his first surgery had become painful and symptomatic, requiring the need for the subsequent surgery.
Plaintiff claimed that as a result of his accident he developed traumatically induced osteoarthritis and a decreased range of motion. Plaintiff missed time from work as a result of the surgeries. He claimed that he would have need to undergo an ankle fusion procedure in the future.
In Kings County, personal injury trial are bifurcated, which means that a liability trial is heard first and if the defendant is found to be negligent in causing the plaintiff’s accident, the matter would then proceed to a damages trial.
In this case, the Kings County jury found that the defendant was negligent for causing the recurrent water condition and that the defendant’s negligence was a substantial factor in causing the incident. The jury also found the plaintiff was contributorily negligent but determined that plaintiff’s negligence was not a factor in the happening of the incident. After the jury's verdict on liability, the slip and fall personal injury lawsuit settled for $990,000.
Speak with a New York Slip and Fall Attorney
If you or someone you know has been injured in a slip and fall accident be sure to contact an experienced New York Slip and Fall attorney as soon as possible. In many cases, you can recover significant compensation for your injuries and other losses associated with the accident. The Law Office of Dimitrios Kourouklis, Ph.D. has skilled New York Slip and Fall attorneys who are committed to helping victims recover. To schedule a free consultation with one of our New York personal injury attorneys, please contact us online or call our office today at (929) 400-7608.
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