On a winter’s day, our client, a New York City police officer, slipped and fell as he was descending the exterior steps of the building known as the Queens North Task Force Building, located in Flushing, Queens. Our client sustained fractures of his right hand, requiring two hand surgeries, ending his career as a police officer.
Action was commenced in Supreme Court against the City of New York, as the owner of the building and against a scaffolding company. Prior to the date of accident, the scaffolding company constructed a “sidewalk shed”, or “scaffold shed”, over the portion of the steps where the accident occurred, in connection with building facade work.
We argued on our client’s behalf that the exterior steps at the location of the occurrence, were allowed to fall into a state of disrepair with depressions, and gaps between metal nosings at the edge of the stair treads. These created a defective and dangerous condition on the steps. Such condition was made more dangerous and hazardous as a result of frozen precipitation in the form of ice over the steps. We also argued that the sidewalk shed allowed water to drip onto the steps and freeze thereby increasing the slipping hazard.
We retained a forensic meteorologist, a professional engineer and an economist. The meteorologist found that on the date of accident, any ice on the deck of the sidewalk scaffolding above the steps, would have melted or dripped from the scaffolding onto the steps, then would have refroze and remained frozen through the time of the accident. Our consulting engineer noted that the ice on which the plaintiff slipped was formed from water coming down through the rusty portion of the sidewalk shed. This aggravated and made more dangerous the condition of the steps.
The Defendants argued that they did nothing wrong, that our client had worked out of the building where he fell, was familiar with the steps and that his fall was due to his own negligence. They also argued that any snow or ice was properly removed and that the sidewalk shed did not contribute to any water accumulation which froze on the steps. The City further argued that as a City employee, our client was precluded from recovering damages against the City. The scaffolding company’s motion for summary judgment on liability was denied.
Our team of personal injury attorneys in NYC was successful in settling the case before it was submitted to the jury, for the sum of One Million Fifty Thousand Dollars. The City paid One Million and the Scaffolding Company paid Fifty Thousand Dollars. Our success was in large part due to the knowledge and experience of our attorneys in handling such cases and our tenacity in obtaining helpful information from the Defendants, through a tedious and difficult discovery process.