Elderly Manhattan Woman Caused to Fall Because of Defective Stairway Condition inside of Retail Drug Store
WRSMH associate Joseph Stoduto was able to obtain a settlement in the amount of on behalf of an eighty three year old retired woman from the Upper East Side of Manhattan. The woman was walking up a small flight of steps at the entrance to a retail drug store when he was caused to slip and fall due the existence of a foreign, sticky substance on the steps. As a result of the accident, our client suffered a fractured arm which required surgery.
Joseph hired an experienced professional engineer to conduct a site inspection and was able to determine with clear and convincing scientific evidence that the stairway in question was in violation of numerous legal standards including the New York City Department of Buildings Building Code. Joseph was further able to prove that the condition which caused our client's accident was in existence for a significantly long period of time prior to the accident such that the defendant should have become aware of it and taken some type of remedial action to repair it, but that they failed to do so. After extensive litigation, the case settled on the eve of trial for the amount of $225,000, in spite of the fact that our client had numerous pre existing health problems, had a subsequent fall with additional injuries shortly after the fall in question, and had a very limited amount of future pain and suffering given her advanced age.