Matthew J. Vitucci Obtains Defense Verdict in a Trip and Fall Case in Supreme Court, Suffolk County

July 27, 2017

In a matter tried before Judge Rouse in Supreme Court, Suffolk County on July 25th, 2017, Matthew J. Vitucci obtained a defense verdict on behalf of a bus corporation in a trip and fall case.

On October 11, 2005, the plaintiff, a bus driver for third party defendant tripped and fell over a raised “ball” of asphalt in a parking facility in Smithtown New York. As a result of the fall, the plaintiff sustained a fractured clavicle, a labral tear and a rotator cuff tear that was treated via multiple arthroscopic procedures. Plaintiff eventually developed a “frozen shoulder” and claimed she was unable to work as a bus driver. Plaintiff sought a recovery of $500,000.

Plaintiff claimed that both the defendant, landlord of the bus facility and the third party defendant bore liability for either creating the defect in the parking lot or for allowing it to exist for so long a period of time, and that the defendant and third party defendant had notice of the condition and should be held liable for failing to correct it.

After Mr. Vitucci’s closing statements and within one hour, the jury returned a verdict in favor of GVK’s clients, stating that neither defendant nor third party defendant had notice of the defect’s existence.