Vol. 55 No. 5

Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to Clear Snow and Ice

May 2019

Maria Tzavellas, 43, was leaving her office building via an exterior stairwell one evening when she slipped on a patch of ice that had accumulated at the top of the stairwell. She suffered a fractured right ankle and elbow. She underwent ankle surgery and physical therapy; however, she required additional surgery to remove her orthopedic hardware, which necessitated several more months of physical therapy. She continues to suffer from pain and swelling in her ankle and likely will develop arthritis in the future. Her medical expenses were more than $80,300.

Tzavellas sued the premises owner and related entities and the janitorial firm responsible for providing snow removal services at the building. Suit alleged failure to maintain the premises in a safe condition and failure to ensure that the property was free of snow and ice. The plaintiff did not claim lost income.

The defense argued that the property’s sidewalks, stairs, and walkways were well maintained.

The parties settled for $600,000 before trial. The janitorial firm paid $300,000, and the premises owner paid the rest.

Citation: Tzavellas v. Newport Ctr. LLC, No. HUD-L-003303-16 (N.J. Super. Ct. Hudson Cnty. Nov. 9, 2018).

Plaintiff counsel: AAJ member John E. Molinari, Jersey City, N.J.

Plaintiff experts: Stephen Pellettiere, meteorology, Denville, N.J.; Christopher Hubbard, orthopedic surgery, New York City; and Michael Meese, orthopedics, Hackensack, N.J.

Defense expert: Thomas Helbig, orthopedic surgery, South Orange, N.J.