Staff | New York Jury Verdict Reporter, Vol.XIX, Issue 18

Supreme Court, Eleventh Judicial District, Queens County, New York

DRUCILLA JONES V. AN BROTHERS, INC., A NEW YORK CORPORATION D/B/A C-TOWN

SUPERMARKET

No. 4964/98

DATE OF VERDICT/SETTLEMENT: September 5, 2001

TOPIC: FALLDOWN - SUPERMARKET OR STORE ACCIDENTS SUPERMARKET OR STORE ACCIDENTS

SUMMARY:

AWARD: $300,000

RESULT: Settlement

This action was settled just prior to jury selection for $300,000.

EXPERT WITNESSES:

Plaintiff: Dr. Daniel O'Connor; Orthopedics William Marletta, Ph.D.; Safety

Defendant: Dr. Jacob Toledano; Orthopedics

ATTORNEYS:

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

Defendant: A.J. Smith; Baxter and Smith, P.C.; Jericho, NY

STATE: New York

COUNTY: Queens County

INJURIES: Fractured left femur, requiring open reduction and internal fixation.

SUMMARY:

Offer: $50,000; demand: $400,000.

Insurance Carrier: Royal and SunAlliance

Other Demonstrative Evidence: incident report; photos; videotape; absorbent floor mat

FACTS:

Pltf., a 69-year-old retired woman, claimed that on 12/29/97 at approximately 7:30 PM, she slipped and fell on a wet floor in the C-Town Supermarket on Linden Blvd. in Cambria Heights in Queens. Pltf. claimed that Deft. failed to properly mop the interior floor of the premises and that Deft. did not have a mat that was designed to absorb water tracked into the store. Pltf. also claimed that Deft. failed to place wet floor warning signs. Deft. contended that it was raining at the time, and that there was a mat in the entrance between the outer door and the inner door. Deft. also contended that its employees were mopping the store entrance and store aisles, and that they were acting prudently and that there was nothing else that they could have done.

The slip and fall was captured on the store surveillance camera. It showed Pltf. falling and showed that two store employees were continuously mopping the entrance and aisles. The tape also showed that the exact location where Pltf. fell was mopped just 3 minutes prior to Pltf.'s fall. Pltf. obtained the tape just before trial. Pltf. claimed that the surveillance tape also showed that a store employee had witnessed Pltf. falling, and that the name of the witness was never exchanged. Had the case not settled, Pltf. would have made a motion to strike Deft.'s answer, or, in the alternative, to ask the court to give a missing witness charge.