Trial Magazine

Mayra Adames, 38, was on a brick walkway under an elevated railroad ­platform when she slipped on black ice that had accumulated in a depressed portion of the walkway and suffered a fractured left ankle. She underwent open reduction and internal fixation surgery and developed chronic ­osteomyelitis, which necessitated 16 additional surgeries, including an osteotomy. She now suffers from complex regional pain syndrome and can no longer work as a home health aide.

Adames sued the Metropolitan Transportation Authority, alleging it negligently failed to maintain the train station and created a dangerous situation that led to her fall. The plaintiff claimed that water leaking from the elevated train platform had caused ice to form on the brick walkway and that the defendant had been aware of the leak.

The defense argued that the plaintiff had failed to exercise due caution.

The parties settled for $4.9 million.

Citation: Adames v. Metro. Transp. Auth., No. 19851/13 (N.Y. Sup. Ct. Queens Cty. Oct. 4, 2019).

Plaintiff counsel: Heather Nathan and Glen Rodriguez, both of Rockville Centre, N.Y.

Plaintiff experts: Omar Saleem, orthopedic surgery, Garden City, N.Y.; Barry Root, physical medicine, Glen Cove, N.Y.; Joseph Cannizzo, engineering, Mineola, N.Y.; Ronald Missun, economics, Louisville, Ky.; Matthew Mellon, orthopedic surgery, East Meadow, N.Y.; and Justin Greisberg and James Vosseller, orthopedic surgery, both of New York City.

Defense expert: Robert Michaels, orthopedic surgery, Mineola.