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Verdicts & Settlements: Premises Liability

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Lack of working smoke detectors, fire escape in apartment building

November 7, 2019

Rita Valentine, 77, lived in a three-story apartment building owned by Dwayne McKinley. One afternoon, there was a fire at the building. Valentine died while trying to flee the burning building from its only means of egress. She is survived by her adult son and four grandchildren, who were present at the scene of the fire.

Valentine’s family, individually and on behalf of her estate, sued McKinley and the managers of the premises, alleging negligent maintenance. The plaintiffs alleged that the apartment building lacked working smoke detectors and that the building’s fire escape was not in working condition.

The jury awarded $3.5 million, including $500,000 for loss of guidance.

Citation: Valentine v. McKinley, No. 57021/13 (N.Y. Sup. Ct. Westchester Cnty. May 3, 2019).

Plaintiff counsel: Brian Valdivia, New York City.

Plaintiff experts: Leo DeBobes, safety, Stony Brook, N.Y.; and Lone Thanning, pathology, Huntington, N.Y.