Bronx, NY – March 25, 2004 – Today the New York State Appellate Division upheld a lower court award of $560,000 to a girl who suffered multiple broken bones due to a defective stairway in a Bronx apartment building.
Carol L. Schlitt, who served as trial counsel on behalf of the Law Offices of Samuel J. Lurie, said, “This decision stands as a victory for all tenants. For too long, too many landlords have allowed their buildings to deteriorate at the expense of their tenants. This decision demonstrates that a failure to make small investments now will result in larger payments later.”
A four judge panel of the Appellate Division, First Department, decided the case, Rosario v. Carassone, et al. The defendants, who were absentee landlords, argued that the award was excessive. The appellate court affirmed the 2002 Bronx jury verdict by unanimously rejecting the defendants’ argument, writing in the decision, “The damage awards do not materially deviate from what is reasonable compensation under the circumstances.”
The case involved an October 1994 incident when a then 11 year-old Jennifer Rosario tripped on a broken step while leaving for school. Testimony at the trial reported the landlord had failed to repair the step for four years. Young Ms. Rosario suffered broken bones in her left leg and foot. The accident left her with enduring pain and her doctor testified that she would require surgery as an adult to address ongoing problems in her foot.
The jury deliberated for only one hour before returning an award on October 10, 2002 of $560,000. Ms. Schlitt said, “The jury’s decision reflected both the seriousness of Ms. Rosario’s injuries and the fact that the landlord had ignored basic repairs in the building.” The New York Jury Verdict Reporter listed this case as one of the top ten slip and fall awards for 2002.
About the Law Offices of Carol L. Schlitt
The Law Offices of Carol L. Schlitt specialize in personal injury law and accepts cases throughout New York City and Long Island. She has been recognized for having one of the top 10 verdicts in New York City and is a past winner of the New York City Municipal Attorney of the Year Award. For more information, please visit www.schlittlaw.com, call 1-800-660-1466 or e-mail [email protected]
About the Law Offices of Samuel J. Lurie
The Law Offices of Samuel J. Lurie specialize in personal injury law and accepts cases throughout the New York metropolitan area. For more information please call 1-212-685-7411.
For more information on this release, contact Ms. Schlitt at 1-800-660-1466 or [email protected]