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Verdicts & Settlements: Premises Liability

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Man slips on apartment stairway

July 11, 2019

Felix Gibson, 53, fell while descending a stairway in an apartment building’s common area. He suffered a torn left meniscus and a torn labrum in his left shoulder. He underwent arthroscopic surgery and physical therapy but still suffers from episodic pain.

Gibson and his wife sued the building owner, alleging the steps did not provide adequate traction because they were covered with a semi-gloss paint, in violation of the applicable building code. The plaintiffs also alleged that the steps’ risers were of unequal height, among other problems. Suit did not claim lost income or medical expenses.

The jury awarded $950,000.

Citation: Gibson v. Batia Realty Corp., No. 21984/12 (N.Y. Sup Ct. Bronx Cnty. Apr. 19, 2019).

Plaintiff counsel: Thomas Annunziato, New York City.