Trial Magazine

Joseph McConnell, 38, was walking around the concrete rim of a swimming pool in a public park when he slipped on wet depth markers, suffering aggravation of a preexisting spinal herniation at L5-S1. He underwent spinal surgery and physical therapy and now suffers from pain and reduced range of motion. Additionally, he will require future fusion surgery.

McConnell sued Nassau County, N.Y., which maintained the pool, alleging the defendant had created a dangerous condition around the pool in that the depth markers did not have an adequate coefficient of friction. He alleged the defendant had failed to use the proper paint on and inspect the depth markers. Suit did not claim past medical expenses or lost income.

The jury awarded $170,000.

Citation: McConnell v. Cnty. of Nassau, No. 605116/14 (N.Y. Sup. Ct. Nassau Cnty. Mar. 22, 2019).

Plaintiff counsel: AAJ member Denny Tang, Port Washington, N.Y.

Plaintiff experts: Richard Parker, orthopedic surgery, Valley Stream, N.Y.; and Stanley Fein, engineering, Syosset, N.Y.

Defense experts: Angela Pettinelli, engineering, and Jerrold Gorski, orthopedic surgery, both of Mineola, N.Y.; and Jeffrey Warhit, radiology, Hauppauge, N.Y.