$900,000 Recovery in New York Premises Liability Case

Premises Liability Injury - Traumatic Brain Injury

WRSH Partner Nicole Michelle Gill obtained a settlement of $900,000.00 on behalf of a 59-year-old male client, a patron at the defendants’ racetrack who sat in a chair which collapsed causing him to strike his head on the floor. Our client was caused to fall due to failure of the chair’s cold welds. As a result of the accident, our client suffered significant injuries including a traumatic brain injury as well as cervical and lumbar spine injuries requiring cervical anterior and posterior surgical fusions. During a pre-trial mediation, Nicole was able to negotiate a settlement in the amount of $900,000.00 for our client’s past and future pain and suffering. Our theory was that the defendant was negligent in failing to properly maintain the chairs on its premises and therefore failed to use reasonable care under the circumstances, including adequate inspections, which would have revealed the defect. The defendant’s position was that there was no notice of the defective chair especially given the fact that our client repeatedly sat on the chair during the four hours prior to the accident without any noticeable looseness or unsteadiness. The defendant also argued that the client’s neck and back injuries were unrelated due to the one and a half year delay in treatment for those complaints. Given the possible exposure the defendants faced, they opted to settle the case.

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