Slip and Fall on Ice
WRSMH Trial Counsel Robert J. Bellinson, recently won a Verdict resulting in a $1,750,000.00 recovery for our client. Donald Sprague was a truck driver who made a delivery to the defendant's premises in Long Island City. When he exited his truck, he slipped and fell on an ice patch. The accident was not witnessed but was reported and investigated by the defendant. Our client sustained serious injuries to his head, left arm, left shoulder and neck. The crucial issue was notice; specifically, the defendant claimed that it had no idea that the ice patch existed.
At trial Rob was able to show to the jury that the ice had formed in the parking lot several hours before they opened for business and that a reasonable inspection by defendant would have discovered this condition. We retained a local meteorologist who reviewed the weather records and opined that the ice patch would have formed in the late evening hours of the day before the accident, providing defendant with sufficient opportunity to discover and remedy this hazard. The jury agreed and the case settled pursuant to a hi low agreement.