On February 7, 2013, a $480,000 settlement was obtained for our client, who on 4/17/10 at approximately 10:00 p.m., then a 76 year old female, was descending the staircase in a relative’s building located at 451 East 116th Street, New York, NY after attending a dinner party, fell and was injured.
The subject stairwell contained absolutely no lighting fixture and the only illumination came from a ceiling light fixture from the hallway above as well as from the window in the staircase which overlooked a small courtyard. She claims not to have been able to see where she was stepping, missed a step when she reached the landing, which contained only a partial handrail, and fell down the staircase of about 12 steps.
Plaintiff’s expert architect inspected and tested the subject staircase simulating the same conditions as when the incident occurred, concluding that the owner and management violated particular sections of the NYC Building Code in their failure to provide proper illumination, failure to provide a proper handrail on the middle flight (landing) and failure to maintain safe premises.
As a result Plaintiff sustained an intertrochanteric fracture of the right femur requiring surgery (open reduction internal fixation). On February 7, 2013 and discovery had been completed and while waiting to commence trial, the case was settled for $480,000. Plaintiff’s medicals were covered by insurance and liens for Medicare and Medicaid totaled $4,753.67.