Slippery Sidewalk as a Result of Grease and Ice
WRSH attorney, Bill Hepner was able to obtain a settlement in the amount of $200,000 on behalf of the plaintiff, a college professor, who was injured when he slipped and fell on a NYC sidewalk that was slippery as a result of alleged grease from a restaurant, as well as ice caused by hosing down the sidewalk in cold temperatures.
Under Section 7 210 of the Administrative Code of the City of New York, plaintiff sued the property owner of the building adjacent to the sidewalk, who was the landlord of a tenant restaurant. He also sued the restaurant owner, and the tenant/owner of a check cashing business. It was claimed that the restaurant brought greasy bags of garbage out to the curb on a regular basis, causing a slippery condition on the sidewalk; the employees also hosed the sidewalk on a regular basis, which caused an icy condition on the sidewalk.
All of the defendants moved to dismiss the case due to a lack of evidence that they caused the condition or had notice of the condition. The court granted the defendant restaurant's motion, in a decision which defied logic, as it was all of the parties' opinions that the restaurant was most at fault.
Bill Hepner was able to convince the two remaining defendants that the case against them was still very strong. He settled the case at mediation and left open the possibility of appealing the decision against the restaurant for a possible further recovery.
Even if the restaurant had remained in the case, there existed difficult issues of proof for plaintiff to overcome. Plaintiff, who was 53 at the time of the accident, sustained a fractured ankle which required surgery. He had very good recovery, missed very little work, and had very little treatment.