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Snow and Ice Store and Lot Owner Failed to Clear Icy Ground

Jan 24, 2006 | Staff | VerdictSearch New York

GINA MOGLIA and JOHN MOGLIA V. 220-02 JAMAICA AVE, LLC AND 219-44 JAMAICA AVENUE,LLC.

AWARD: $475,000 Settlement

ATTORNEYS:
Plaintiff: Stuart L. Finz New York, NY; Todd M. Rubin; Finz & Finz; Jericho, NY (Gina Moglia and John Moglia)

Defendant: Arthur T. McQuillan; White, Quinlan, Staley and Ledwith; Garden City, NY; John P. Moroney; The Law Office of John P. Humphreys; Melville, NY

JUDGE: Martin J. Schulman
STATE: New York
COUNTY: Queens County
INJURIES: Moglia was transported to Jamaica [N.Y.] Hospital, where she was diagnosed with a compression fracture at L1 with a resultant kyphosis.

Moglia sued the flea market's owner, 219-44 Jamaica Ave. LLC, and the owner of the adjoining lot, 220-02 Jamaica Ave. LLC. She alleged that the defendants were negligent in their maintenance of the lot and that their negligence created a dangerous condition.

Moglia claimed that the defendants failed to clear the area of snow and ice. Her counsel contended that about five inches of snow fell during the previous day and that the defendants had constructive notice of the dangerous condition but failed to clear it. However, Moglia acknowledged that as she was leaving her husband's car to walk toward the market, she identified the snowy condition.

The defendants argued that Moglia failed to exactly establish on which property she slipped and fell. They also claimed that the icy condition did not exist, and they contended that Moglia was negligent for not watching where she was stepping, knowing that the area was icy.
Moglia claimed that she suffers ongoing back pain and limitations of her back's motion range. She sought recovery of damages for her lost enjoyment of life and her past and future pain and suffering. Her husband, John, presented a loss-of-services claim.

The defendants acknowledged that Moglia's injuries were causally related to her fall.