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Plaintiff Awarded - Bleiberg & Bleiberg v. City of New York & The Board of Education of the City of New York

Jan 13, 2006 | Staff | VerdictSearch New York Reporter

 Supreme Court, Second Judicial District, Kings County, New York

RANDEE BLEIBERG & BRUCE BLEIBERG V. CITY OF NEW YORK & THE BOARD OF EDCATION OF

THE CITY OF NEW YORK

No. 1750/02

DATE OF VERDICT/SETTLEMENT: January 13, 2006

TOPIC: PREMISES LIABILITY - NEGLIGENT REPAIR AND/OR MAINTENANCE - PREMISES LIABILITY - DANGEROUS CONDITION - PREMISES LIABILITY - TRIP AND FALL - PREMISES LIABILITY - STAIRS OR STAIRWAY - PREMISES LIABILITY - SCHOOL - GOVERNMENT - MUNICIPALITIES UNCOVERED GATE HOLE CAUSED FALL, PLAINTIFF CLAIMED

SUMMARY:

AWARD: $442,000

RESULT: Verdict-Plaintiff

The jury rendered a plaintiffs' verdict. It found that the defendants were negligent and that their negligence created a traplike condition. The Bleibergs were awarded a total of $422,000.

EXPERT WITNESSES:

Plaintiff: R.C. Krishna, M.D.; Neurology; Brooklyn, NY William Marletta, M.D.; Occupational Health and Safety; West Islip, NY

Defendant: Kuldip Sachdev, M.D.; Neurology; West Harrison, NY

ATTORNEYS:

Plaintiff: Jay L. Feigenbaum; Finz and Finz P.C.; Jericho, NY

Defendant: Afsaan Salem; Assistant Corporation Counsel City of New York; New York, NY

JUDGE: Howard A. Ruditzky

STATE: New York

COUNTY: Kings County

INJURIES: One day after the accident, Bleiberg presented to her doctor, who determined that Bleiberg was suffering a disc herniation at L1-2 and disc bulges at C4-5, C5-6, L3-4, L4-5 and L5-S1. Bleiberg underwent three months of chiropractic treatment and physical therapy.

FACTS:

On Sept. 6, 2001, plaintiff Randee Bleiberg, 42, a school's assistant principal, tripped while descending an exterior staircase of her school: Public School 100, which is located at 2951 W. Third St., in Brooklyn. She claimed that she fell and sustained back and neck injuries.

Bleiberg sued the school's owner, the city of New York, and the school's operator, The Board of Education of the City of New York. She alleged that the defendants were negligent in their maintenance of the staircase and that their negligence created a dangerous condition.

Bleiberg claimed that the incident occurred on the staircase's lower landing. She claimed that she tripped because one of her shoe heels became lodged in a hole that secured a vertical locking rod that was attached to the school's gate. At the time of Bleiberg's fall, the gate occupied a position that did not require use of the hole.

Bleiberg's safety expert noted that the hole's diameter measured 1.38 inches, and he opined that the hole's diameter should not have exceeded 0.63 inches. He also opined that the hole should have been located in a safer area, that the surrounding ground should have been painted yellow, and that the hole should have been covered when it was not being used. Plaintiff's counsel contended that the hole constituted a traplike condition and that a $2 cover would have prevented Bleiberg's fall.

The defendants contended that the hole's location was dictated by the gate's location and that, as such, it could not have been located at a different position. They also argued that Bleiberg was familiar with the staircase and that she should have avoided the hole. They contended that she fell because she was not watching her steps.

Bleiberg acknowledged that she had previously undergone chiropractic treatment that addressed another neck injury. She contended that the prior injury was not the related to the injuries that she sustained in the accident. Her expert neurologist agreed.

Bleiberg did not work during the seven months that followed the accident. She contended that her injuries caused a permanent partial disability of her neck. Her expert neurologist agreed.

Bleiberg sought recovery of her past and future medical costs, her past lost wages, and damages for her past and future pain and suffering. Her husband, Bruce, presented a loss-of-services claim.

Defense counsel contended that Bleiberg's injuries were products of degenerative conditions that preexisted the accident. The defense's expert neurologist agreed.