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$450,000 result ─ cited in VerdictSearch.com
PREMISES LIABILITY — Plaintiff: Building didn't police
tenants' dog-walking activity
SETTLEMENT: $450,000
CASE: Denise Mendez Rodriguez & James Rodriguez v. 125
Holding LLC, & Weiss Realty LLC, No. 26576/02
COURT: Bronx Supreme. JUDGE: Sallie
Manzanet. COURT DATE: 10/18/2006
PLAINTIFF ATTORNEY(S): Alan M. Greenberg, Law Offices
of Alan M. Greenberg, New York, NY
DEFENSE ATTORNEY(S): Robert Krause, Congdon, Flaherty,
O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, NY
FACTS & ALLEGATIONS
At about 6:30 a.m. on Aug. 7, 2002, plaintiff Denise Mendez
Rodriguez, 20, an administrative assistant who was about
four-months pregnant, slipped while descending one of the
stairways of her apartment building, which was located at 125
Elliot Ave., in Yonkers. She claimed that she fell and sustained
an ankle injury.
Rodriguez sued the building's owner, 125 Holdings LLC, and the
building's real estate agent, Weiss Realty LLC. She alleged that
the defendants were negligent in their maintenance of the
premises and that their negligence created a dangerous
condition.
Rodriguez claimed that she slipped in a puddle of dog urine. She
contended that the building's tease prohibited pets, but that
several tenants owned dogs, including the superintendent, and
that there was a recurring problem of dogs being permitted to
urinate inside the building and on the stairways. Rodriguez
contended that she complained to the building superintendent
about seeing dog urine on stairs on a prior occasion, Several
other tenants were prepared to testify to the same recurring
condition of urine puddles inside the building.
Rodriguez also claimed that the superintendent had actual notice
of the urine puddle she slipped on by virtue of her husband
having seen and reported it to the superintendent's son at 5:30
the night before her injury.
Upon information and belief, the superintendent and his family
were. prepared to testify that no one ever notified them of the
urine condition the night before the incident. The defendants
also contended that Rodriguez was negligent for failing to
notice the puddle
INJURIES/DAMAGES
Ankle, foot: fracture, ankle; plate: screws. Police and
ambulance were called to the scene and confirmed that Rodriguez
slipped on the stairs, She suffered a right lateral malleolus
fracture with a tear of ankle ligaments. She was hospitalized
for three days and underwent pen reduction and internal fixation
with the placement of eight screws and a plate.
In October 2002, Rodriguez underwent a second surgery for the
removal of one large screw. She lost three months from her
clerical job but did not return to work due to the birth of her
son in December 2002. No loss-of-earnings claim was made. She
wore a hoot on her right foot for four months. She also used a
walker, crutches and cane for four months. She attended physical
therapy for one year. The remainder of the hardware is
remaining. She is scheduled to undergo future surgery to remove
scar tissue in the ankle. She walks with a limp and claims
permanent pain and discomfort with limitations on walking,
standing and running. Her husband claimed loss of services for
four months and a current increase in his domestic chores.
RESULT: During the day of jury selection, the parties agreed
to a $450,000 settlement.
INSURER(S): New York State Insurance Department
Liquidation Bureau for both defendants
PLAINTIFF EXPERT(S): Dr. David Lent, orthopedics,
Yonkers, NY
DEFENSE EXPERT(S): Jacquelin Emmanuel, M.D., orthopedics,
Jamaica, NY
— Michael Rehak
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