$2,250,000 Award For a Tenant Caused To Slip and Fall Down The Stairs at Her Bronx Apartment Building

SETTLEMENT DATE
November 23, 2015

COURT AND COUNTY

Supreme Bronx

AGE AND OCCUPATION OF PLAINTIFF

Plaintiff was 58 years old on the date of the accident. Plaintiff was self-employed selling homemade Tamales.

FACTS AND ALLEGATIONS

Plaintiff, a tenant on the fourth and top floor of defendant's residential apartment building, was injured when she was caused to slip and fall down wet stairs within her building. Plaintiff alleged there was a longstanding water leak condition from the roof that had been replaced and repaired by defendant roofing company that was causing water to penetrate the inside of the building including on the subject stairs that lead from the fourth to the third floor. Plaintiff further claimed the building was aware of the water conditions prior to her accident but failed to take any action to repair the water leaks.

INJURIES/DAMAGES

Plaintiff sustained an injury to her neck as a result of the fall. After conservative treatment failed to provide any relief she was referred for an MRI study of the cervical spine which revealed a herniation at the C5-C6 level. The Plaintiff was also experiencing continuing and worsening complaints of pain radiating from the neck to the upper extremities and was diagnosed with cervical radiculopathy. When all attempts at continued treatment failed to provide any relief Plaintiff was recommended for, and underwent, a fusion surgery at the C5-C6 level. As a result of the fall Plaintiff also sustained an injury to her right shoulder. An MRI study confirmed multiple tears to the right shoulder requiring an arthroscopic surgery. Due to reoccurring complaints, two years after the first shoulder surgery Plaintiff underwent an additional right shoulder surgery and post-surgery injections.

Plaintiff was unable to return to work after the accident and most likely will never work again. Additionally, as a result of these significant injuries plaintiff has been unable to engage in her activities of daily living. Plaintiff testified how the injuries have prevented her from caring for, playing with, and interacting with her young grandchildren who she resides with, which is crushing to her spirit.

The Defendants argued that Plaintiff's cervical spine injuries and right shoulder injuries were degenerative in nature and not causally related to the subject accident and that all diagnostic studies failed to illustrate any traumatically induced injuries. Further, defendant's argued that no further treatment was necessary for any of the claimed injuries and plaintiff can engage in all activities of daily living without restriction.

Plaintiff 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 $2,250,000 pretrial settlement.

ATTORNEYS

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