$1,450,000 AWARD FOR A BROOKLYN RESIDENT STRUCK BY A COLLAPSED CEILING IN HER APARTMENT CAUSING NECK INJURIES

DATE OF SETTLEMENT

March 1, 2017

COURT AND COUNTY

Supreme Kings

AGE AND OCCUPATION OF PLAINTIFF

Plaintiff was 25 years old on the date of the accident. Plaintiff was not employed when the accident occurred but subsequently became employed delivering medical equipment to patients.

FACTS AND ALLEGATIONS

On July 31, 2011, at 7:20 pm Plaintiff, a tenant in defendant's residential apartment building, was caused to be injured when a portion of the ceiling in her bathroom collapsed while she was showering impacting her and causing her to fall backwards striking her head on the edge of the bathtub. The plaintiff's rental building was owned by defendant Ocean Realty Holdings, LLC and managed by defendant Wavecrest Management Team LTD. Plaintiff alleged there was a longstanding water leak from the apartments above and that Defendants were aware of but failed to repair.

INJURIES/DAMAGES

Plaintiff alleged to have sustained cervical herniations at the C5-C6 and C6-C7 segments with associated radiculopathy requiring a fusion surgery at the C5-C6 level. The Plaintiff made a claim for future medical expenses.

The Defense and their physicians argued that Plaintiff's injuries were not caused by the subject accident evidenced by the fact that her first complaints regarding her cervical spine were not until 18 days post-accident. Defendants also argued that the alleged injuries were degenerative in nature and not causally related to the subject accident and that all diagnostic studies obtained failed to illustrate any traumatically induced injury. Further, defendant's argued that no further treatment is necessary at this juncture and Plaintiff can engage in all activities of daily living without any restrictions.

Plaintiff had no lost earnings claim, but made claims for past and future medical expenses, as well as pain and suffering and loss of enjoyment of life.

SETTLEMENT AMOUNT

The parties negotiated a $1,450,000 pretrial settlement.

ATTORNEYS

This case was handled by Stephen J. Murphy, Esq. and Michael J. Hurwitz, Esq.