$800,000 RECOVERY –
Premise Liability – Fall down – Failure to adequately clear ice and snow from parking lot after snow storm that prompted defendant to request plaintiff oil delivery person to delay visit until following day – Slip and fall.

The plaintiff fuel oil delivery person – who had been assigned to refuel approximately 35 busses in the defendant’s parking lot – contended that the defendant negligently provided snow removal, resulting in the presence of multiple ice patches after it had completed attending to the parking lot.

The evidence reflected that the delivery was originally scheduled for the previous day, but that the defendant had advised the plaintiff’s employer that the plaintiff should not come to the subject parking that day, because it needed to be cleared of snow that had fallen. The defendant indicated that it required time and opportunity to remove the snow and ice before the lot could properly and safely be utilized. The defendant did its work in the early morning hours, and the plaintiff contended that when he arrived at the lot/depot at about 7:00 a.m., there were patches of ice throughout the parking lot. The plaintiff contended that although he attempted to walk as carefully as possible, he slipped and fell, striking his right shoulder. A co-worker arrived shortly after the accident and confirmed the existence of ice throughout the parking lot. The fall itself was not witnessed.

The defendant indicated that although ice was present, it was insignificant. The plaintiff contended that that he sustained a dislocation and SLAP tear to the dominant right shoulder. He also maintained that he suffered cervical and lumbar herniations that required surgery, and that he is permanently unemployable. The defendant pointed out that the plaintiff’s complaints were limited to the shoulder for almost one year. The defendant had $1,000,000 in primary coverage, and a $4,000,000 umbrella. The case settled prior to trial for $800,000.

REFERENCE:

Plaintiff’s economic expert: Kenneth T Betz from New York, NY. Plaintiff’s economic expert: KristinK Kucsma, MA from New  York, NY. Plaintiff’s orthopedic surgeon expert: Louis Rose, MD from Bronx, NY. Defendant’s orthopedic surgeon expert: Arnold T. Berman, MD from Morristown, NJ. Reyes vs. Provost Holdings, et al.. Index no. 301429/11; Judge Larry Schachner, 06-29-15. Attorney for plaintiff: Elliot H. Taub of Taub Law Firm, P.C. in New York, NY

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