We are excited to report that we successfully defended a jury verdict in our clients’ favor in the Appellate Division, Second Department (Rosenberg v. Hanasab, 2023 NY Slip Op 02136, 1 [2d Dep’t Apr. 26, 2023]). This case arose out of an alleged slip and fall on ice on our clients’ property (the steps leading into their home). But our trial attorney, Kim Townsend, successfully persuaded the jury that no snow or ice existed on the stairs on the date of the accident, and that there was a storm in progress at that time. Kim also highlighted how the ambulance call report indicated that plaintiff told the ambulance personnel that she fell in the street, and not on our clients’ steps.
On appeal, plaintiff’s main argument was that the ambulance call report was unauthenticated and inadmissible, and that allowing this into evidence was prejudicial to plaintiff, requiring a new trial. However, our appellate attorney, C. Briggs Johnson, showed that the ambulance report was properly admitted into evidence because it was satisfactorily attributed to plaintiff, and it contained a statement inconsistent with her position at trial.
The Appellate Division, Second Department, agreed with us. They held that the balance of the evidence demonstrated that our clients were not negligent for the accident, and that plaintiff’s argument regarding the ambulance report was “without merit.”