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$330,000 result- cited in VerdictSearch.com
Premises Liability - Dangerous Condition - Slip and Fall -
Tenant's Injury - Clogged floor drain blamed for
laundry-room accident
SETTLEMENT: Mattie Reckley & Charles Reckley v. Highbridge
Community Housing Development Fund Corporation, the Wavecrest
Mgmt Team Ltd, & Birchwood Coin-Op Laundries, [sic] Inc.,
No-17188/01
COURT: Bronx Supreme. JUDGE: Stanley B. Green. DATE 3/19/2004
Plaintiff Attorney(s): Alan M. Greenberg, Law Offices of Alan M.
Greenberg P.C., New York, NY
Defense Attorney(s): Steven M. Pivovar, Smith, Mazure, Director,
Wilkins, Young, Yagerman & Tarallo P.C., New York, NY
FACTS & ALLEGATIONS: On Jan. 15, 2001, plaintiff Mattie Reckley,
51, a driver for the New York City Department of Health,
sustained injuries in a slip-and-fall accident in the laundry
room of her apartment building, which was located at 1410 Nelson
Ave. in the Bronx. Reckley claimed that she slipped in a puddle,
and that the puddle formed because a floor drain had become
clogged with mop strings and other debris.
Reckley sued Highbridge Community Housing Development Fund
Corp., the building’s owner; Wavecrest Management Team Ltd., the
building’s manager and Birchwood Coin-Op Laundries Inc., the
operator of the building’s washers and dryers. Birchwood claimed
that it had no control of the building’s plumbing, and that, as
a matter of law, it was not responsible for the drain. It moved
for pretrial summary judgment, but the motion was denied.
Reckley claimed that the drain overflow had been a recurrent
condition during the year preceding the incident, and that she
reported the condition to the building manager on several
occasions.
Highbridge and Wavecrest contended that they had no notice of
the drain overflow, and that Reckley was negligent because she
was not watching her steps at the time of her fall.
INJURIES/DAMAGES: fracture malleolus; loss of services; plate;
screws.
Reckley sustained a fracture of her left lateral malleolus,
which was treated via open reduction and internal fixation with
a plate and screws. The fixation devices are still in place.
Reckley claimed that she requires intermittent use of a cane.
She did not work for seven weeks after the incident, but she was
paid for her lost work time.
Highbridge and Wavecrest claimed that Reckley’s doctors advised
her that hardware-removal surgery will alleviate much of her
pain. Reckley contended that she is fearful of surgery.
RESULT: Reckley and Birchwood reached a $60,000 settlement two
months prior to the trial. Reckley, Highbridge and Wavecrest
reached a $270,000 settlement during the trial, following the
conclusion of Reckley’s testimony.
INSURER(S): TIG Insurance Co. for Birchwood. Zurich North
America for Highbridge and Wavecrest
PLAINTIFF EXPERT(S): Dr. William Kulak, orthopedics, New York,
NY (would have testified)
DEFENSE EXPERT(S): Edward Habermann, M.D., orthopedic surgery,
Chappaqua, NY (would have testified)
—Amy Bourne
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