After a mediation, and prior to jury selection, WRSH Partner Cliff Shapiro was able to obtain a $650,000 settlement in the case of a 54-year-old man who was struck in the head by falling debris when the ceiling in his bathroom collapsed on him. Our client also sustained additional injuries approximately six weeks later, when he was again struck, this time by a piece of marble molding, which fell from a doorway in the lobby of the same building.
Although our client stated he had complained on numerous occasions, both verbally and in writing, about many problems in his apartment, including water leakage from the bathroom ceiling, the defendants denied knowledge of the condition. We were able to ascertain that this building had a long history of Housing Department violations for various defects, including leaks from the roof.
In addition, our client was able to produce a cancelled rent check dated prior to both accidents, which included a statement that read, "Repairs needed, hallway light, bed and bathroom ceiling falling, intercom not working, tub needs glazing and surrounding repairs, mold and moisture on ceiling about to fall, bathroom sink not anchored."
Our client sustained numerous injuries, the most severe being a massive right rotator cuff tear which required two surgeries.
Approximately one month after Cliff attended the mediation and refused an offer of $250,000, he was able to negotiate a settlement of $650,000. Needless to say, our client was very happy with the outcome of his case.