Trial Magazine

Carrielee Strother-Ross, 34, suffered a knee injury after falling in a restaurant’s stairwell. She was treated at a hospital and released. Five days later, she developed chest pain and breathing difficulties. She was rushed to a hospital, where she later died. The cause was determined to be a pulmonary embolism. Strother-Ross is survived by her partner and four minor children.

Strother-Ross’s partner, on behalf of her estate, sued the restaurant ­operators, Burger King Corp. and Burger King 14041, and the premises owner, Powell Foods of 14041, LLC, alleging negligent maintenance of the ­premises. Specifically, the ­plaintiff claimed that Strother-Ross’s fall resulted from tripping on a worn, downward sloping, and slippery step.

The defense argued that the incident resulted from Strother-Ross’s failure to grasp the stairway’s handrail and that the pulmonary embolism resulted from her sedentary lifestyle and obesity.

The parties settled for $900,000 at a pretrial mediation.

Citation: Ross v. Powell Foods of 14041, LLC, No. 705199/16 (N.Y. Sup. Ct. Queens Cnty. Mar. 28, 2019).

Plaintiff counsel: AAJ member Robert Vilensky and Lawrence H. Singer, both of New York City.

Plaintiff expert: Leo DeBobes, safety, Stony Brook, N.Y.

Defense expert: Stephen Factor, pathology, Bronx, N.Y.