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$750,000 result – cited in Verdict Search New York
Premises Liability - Negligent Repair and/or Maintenance –
Dangerous Condition – Landlord didn’t clear building’s icy path,
plaintiff alleged
SETTLEMENT:
$750,000
CASE:
Pedro Corniel v. Michael Pigueroa, No. 21983/02
COURT: Bronx
Supreme. JUDGE: Howard R. Silver. DATE 5/6/2005.
PLAINTIFF ATTORNEY(S): Alan M. Greenberg, Law Offices of
Alan M. Greenberg P.C., New York, NY
DEFENSE ATTORNEY(S): Bruce R. Smiley, James P. Nunemaker,
Jr. & Associates, Uniondale, NY
FACTS & ALLEGATIONS:
At approximately 6 am, on Jan. 20, 2002, plaintiff Pedro Corniel,
37, a singer and musician, slipped on a patch of ice on the
sidewalk at 943 Sheridan Ave., in the Bronx. He fell and
sustained a hip fracture. The accident was not witnessed.
Corniel sued the buildings owner, Michael Figueroa. He alleged
that Figueroa was negligent in his maintenance of the premises
and that his negligence created a dangerous condition. Corniel
claimed that he slipped on a patch of ice on an otherwise clear
sidewalk. Evidence established that several inches of snow had
fallen the night before, ending am approximately 1 a.m. Corniel
contended that Figueroa should have inspected the sidewalk and
removed the ice.
Figueroa argued that he had maintained the walkway reasonably by
having his superintendent shovel it cleat at 4 a.m. However, at
a deposition, the superintendent denied that he had shoveled at
4 a.m. and further claimed that he was in fact nothing more than
a porter, not a superintendent, and was not charged with keeping
the sidewalk clear of snow and other obstructions. He further
testified that he did not shovel at all during the 2001-02
winter. He also contended that Corniel fell not in front of
Figueroa’s building, but in front of the corner building a block
away.
INJURIES/DAMAGES: comminuted fracture; fracture, hip; physical
therapy; sear and/or disfigurement, leg: screws
Corniel sustained a comminuted sub-trochanteric fracture and
dislocation of his right hip. The fracture was treated via open
reduction and the internal fixation of a rod and screws. He has
a residual 0.25-inch shortening of his right leg and a
21-centimeter-long scar.
For 12 months, Corniel was confined to his home and had to
undergo a further three months of physical therapy. He now walks
with a limp and uses a cane outside his house and is expected to
continue to have to do so.
Corniel makes a living singing and performing Dominican music
known as “bachata,” which is somewhat akin to salsa, and
performs with a group. He has released albums in the Dominican
Republic and plays local clubs patronized by Latin music fans.
He claimed that his performance, which was previously
characterized by much physical movement and dance, has been
altered permanently.
Corniel sought recovery of his past and future medical expenses
and damages for his past and future pain and suffering. He is a
citizen of the Dominican Republic, so he did not present a
wage-doss claim.
RESULT: During the first day of jury selection, the parties
agreed to a $750,000 settlement.
INSURER(S): State Farm Insurance Cos.
PLAINTIFF EXPERT(S): None reported
DEFENSE EXPERT(S): Philip Keats, M.D., orthopedics, Staten
Island, NY (did not testify)
—Terence Kindlon
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