Plaintiff, a 33-year-old man, was exiting his residential apartment building along with his wife when he was caused to slip and fall while walking down a two-step short flight set of stairs in his lobby. Plaintiff was caused to slip and fall due to an accumulation of a wet and waxy slippery substance on the stairs. Additionally, the stairs did not have a proper handrail system to prevent the plaintiff from slipping and falling, and/or providing a means to stop himself from falling. As a result of the accident, plaintiff sustained injuries to his neck, back and right knee. Plaintiff sued the owner of the building for failing to maintain its lobby and steps in a reasonably safe condition, free from hazardous slipping hazards. Plaintiff also sued the building owner for violation applicable building codes regarding handrails. Following the accident, plaintiff was treated at the scene by EMS and was transported to the Kings County Hospital where he was treated and released. Thereafter plaintiff received conservative treatment and eventually underwent surgery to his right knee (arthroscopy) and cervical spine (anterior discectomy and fusion). Plaintiff claimed that he continued to suffer from severe pain in his neck and right knee and that he will require future medical care, including orthopedic visits, physical therapy and pain management procedures. Defendant claimed plaintiff made an excellent recovery from his injuries and he does not require any future medical care. Defendant also claimed plaintiff’s neck injury was pre-existing and caused by a prior motor vehicle accident. Judd F. Kleeger settled this case prior to trial at a mediation conference for $1,750,000.
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