Defense Verdict in Premises Liability Case

by | Aug 12, 2016 | Case Results, General Liability | 0 comments

Senior Trial Partner, Michael A. Sonkin, assisted by Associates Sandra L. Mekita and Thomas E. Lamb, obtained a defense verdict in Kings County Supreme Court before Judge Normal Spack. The case involved the defense of a residential apartment building in which the plaintiff, a 51-year-old obese man visiting the building for the first time, claims to have tripped and fallen due to a raised elevation that ran across the width of an entranceway to the lobby. The injuries alleged to have been causally related to the accident included wrist, back, and knee injuries that ultimately resulted in significant wrist surgery, two arthroscopic knee surgeries, and bilateral total knee replacement surgeries with resulting disability and difficulty with ambulation. The defense contended that the entranceway elevation change was highlighted with yellow tape across its length, that the entranceway was well-lit, and that a sign mounted on the wall facing those entering the building cautioned them to watch their step. The bifurcated trial resulted in a jury finding in favor of the defense after five days of testimony that included testimony from engineering experts for both the plaintiff and the defense.