Verdict Search published most recent Trip Fall case involving Frekhtman & Associates

Elvis Negron v. 1400 Holding Corp Myrtle Restaurant Associates, Inc. and Burger King Corp.

No. 39148/06

DATE OF VERDICT/SETTLEMENT: May 17, 2010

TOPIC: PREMISES LIABILITY – NEGLIGENT REPAIR AND/OR MAINTENANCE – PREMISES LIABILITY – DANGEROUS CONDITION

Plaintiff Alleged Sidewalk Crack Caused Trip and Fall

SUMMARY:

Result: Settlement
Award Total: $325,000
The parties agreed to settle after jury selection for $325,000.

Expert Witnesses:
Plaintiff: Alan M. Leiken, Ph.D.; Economics; East Setauket, NY Kevin Wright, M.D.; Orthopedic Surgery; New York, NY Stanley H. Fein, P.E.; Engineering; Plainview, NY
Defendant: Martin E. Wolpin, M.D.; Orthopedic Surgery; Brooklyn, NY

Attorneys:
Plaintiff: Richard R. Mogg; The Law Offices of Richard R. Mogg, P.C., White Plains, NY, trial counsel to Frekhtman & Associates, Bronx, NY; White Plains, NY (Elvis Negron, Elvis Negron)
Defendant: Robert A. Abiuso; Robert J. Passarelli & Associates; Babylon, NY (1400 Holding Corp., Burger King Corp., Myrtle Restaurant Associates, Inc.)
Judge: Debra Silber

Range Amount: $200,000-499,999
State: New York
County: Kings
Injuries: Negron presented to Woodhall Medical and Mental Health Center in Brooklyn approximately 28 hours after the alleged accident. He claimed that he sustained a perilunate fracture of the right, dominant wrist. He ultimately required the surgical implantation of a K-wire.

Facts:

At about 5 p.m. on June 5, 2006, plaintiff Elvis Negron, a 48-year-old man on disability for mental depression and a prior back injury, was walking on a sidewalk along Myrtle Avenue and Greene Avenue, adjacent to Burger King in Brooklyn. He claimed that when he reached the corner where Myrtle Avenue meets Greene Avenue, he tripped and fell over a crack in the sidewalk.
Negron sued the property owner, 1400 Holding Corp.; and the property managers, Myrtle Restaurant Associates, Inc. and Burger King Corp. He alleged that the defendants failed to properly repair and maintain the sidewalk, creating a dangerous condition, pursuant to the New York City Administrative Code.

Negron claimed that he was walking on the sidewalk when he tripped over crack in the sidewalk, which raised part of the sidewalk two inches. He alleged he was injured in the fall and remained sitting on the sidewalk for approximately 20 minutes in front of Burger King, but no one came to assist him. Plaintiff’s counsel submitted photographs taken of the defect and contended that the crack appeared to have been there for some time.
The defendants denied any prior knowledge of the defect, asserting that they never received any previous complaints about the alleged crack in the sidewalk and that they had no records of a contractor being hired to work on the sidewalk either. A witness for the defendants testified at deposition that he would inspect the sidewalk in question approximately two or three times a week, but that he never saw the alleged crack. The defendants also claimed that Negron never reported the crack or the accident to them, and the there were no eyewitnesses to the plaintiff’s alleged accident. They also claimed that no police were called to the scene nor was the accident ever reported to the police. Thus, defense counsel disputed whether the accident actually occurred and would have attacked the plaintiff’s credibility by presenting evidence of Negron being recently released from jail and of

Negron’s long-standing history of alcohol abuse. The defendants contended that Negron had a 20-year record of convictions in New York State and imprisonment in several prisons around the state. In addition, defense counsel would have presented into evidence Negron’s history of criminal convictions of forgery and theft of services.

Negron alleged that he continues to suffer from pain and loss of motion to the right wrist, and that this affects his ability to perform his daily activities. The plaintiff’s expert orthopedic surgeon would have testified that Negron will require future medical treatment and care. The plaintiff’s economic expert would have testified to future medical cost for the duration of the plaintiff’s life.
Negron sought recovery for his past and future pain and suffering, and past and future medical expenses.
Defense counsel would have argued that any injury sustained to Negron’s wrist was not caused by the alleged accident. He would have cited Negron’s credibility problems, delay in reporting to a hospital and the fact that the accident was not witnessed or reported.
Insurer:

Farmers Insurance Co. for all defendants
ALM Properties, Inc.
Kings Supreme