Kim H. Townsend Obtains Defense Verdict in a Slip and Fall case in Supreme Court, Kings County

October 14, 2019

Kim H. Townsend recently obtained a Defense Verdict in a slip and fall on icy steps in Kings County. Plaintiff alleged she slipped and fell on the exterior steps of our client, the owner of the two-family home, due to an accumulation of ice and snow thereby sustaining a bimalleolar ankle fracture with complications, requiring hardware and 3 related surgeries including one for an infectious condition at the wound site; which also required surgery. In addition, there was a claim of defective handrail design based on a dozen NYC Code violations.

Kim argued that notwithstanding plaintiff was found on the steps in question, she actually fell in the street, as reported in the ambulance report, but which was at odds with the hospital ER records confirming her claim that she fell down icy steps. In an evidentiary and procedural duel involving court rulings, “opened doors” and shifting admissibility requirements, Kim was able to establish that plaintiff was experienced in personal injury litigation, having had a prior fall-down accident and lawsuit, and argued that plaintiff’s hospital version of the accident was altered to conform to practical litigation necessities of which she was aware.

Prior to trial, plaintiff’s demand was $1,300,000 and was reduced to $900,000. Defendants offered $350,000. The jury deliberated for 9 minutes before returning a Defense Verdict.