Manhattan, New York. MONIER LAW Personal Injury Lawyer, PHIL MONIER, obtained a $1,000,000 settlement following a three-week trial before the Honorable Justice Lisa Sokoloff, in the Supreme Court of the State of New York, New York County. The lawsuit was brought against the City of New York to obtain compensation for a 43 year-old Manhattan man who slipped and fell on a defective staircase located at an Upper East Side park in Manhattan.
The accident occurred while he was walking down the stairs to the men’s locker room located at pool facilities owned and operated by the City of New York, Department of Parks. He claimed that the stairs were slippery because the paint on the stairs was damaged and lacked a sufficient number of rubber mats, which the Parks Department employees either knew about, or should have known about, and should have corrected. The fall resulted in him suffering multiple injuries, including to his leg, neck and back. Surgery was required to re-attach a tendon that had been almost completely ripped from the bone in his leg.
A professional engineer was called to testify that the steps were not in a reasonably safe condition in violation of industry safety practices. The Plaintiff’s treating and expert witnesses testified that as a result of this accident he was permanently partially disabled. Additional witnesses testified that he would require future healthcare services and that the cost of the future medical expenses was very substantial.
The City’s lawyers argued that the stairs were not perfect, but were in a reasonably safe condition, and that his fall had nothing to do with the damaged paint. The City’s lawyers also called a medical doctor who testified that his injuries had either fully healed or were the result of pre-existing conditions.
Following the settlement, PHIL MONIER commented that, “This result will not only help our client in his struggle with his very serious injuries, but will also be an incentive for the City to make our public parks safer for all members of our community. The Parks Department has a mission to keep these public facilities well maintained for the enjoyment of everyone. This was an accident that could have been, and should have been, easily avoided.”