Result

Michael J. Rabus of ADM’s New York City office recently obtained a defense verdict in a premises liability case in Supreme Court, Kings County.  The plaintiff was inspecting a 4 story apartment building in Brooklyn and fell off an exterior fire escape.  Plaintiff claimed significant injuries, and underwent a lumbar discectomy and a later revision with fusion and instrumentation at L5-S1, a left shoulder open surgery with screws, a right shoulder arthroscopic surgery, and an arthroscopic procedure to the right ankle.  After four days of trial, the jury returned a defendant’s verdict, finding that negligence was not a substantial factor in causing plaintiff’s injuries. The theory of the defense was that plaintiff himself failed to observe the open and obvious condition.  Prior to trial, no offers were made to the plaintiff’s demand of $6,000,000.