Rene Tlaseca v. Elmaz/835 LLC Supreme Court Kings County 592/14
Plaintiff, 32 year old male, was walking down the stairs in his apartment building when he slipped and fell on wet stairs that had recently been mopped by the building’s porter. Plaintiff claimed that there were no signs placed to warn tenants that the stairs were wet. As a result of the fall, plaintiff fell down the stairs, injuring his back and shoulder. As a result of the accident plaintiff complained of back and shoulder pain, and sought treatment in the emergency room where he was treated and released. Following the accident plaintiff began a course of physical therapy and ultimately underwent surgery to his back and shoulder.
Defendants claimed that since the accident occurred on a Saturday they did not mop the stairs at any time that day. Defendants claimed plaintiff should have seen the water on the stairs and was partially at fault for slipping and falling. Defendants also claimed that plaintiff was born with a congenital defective condition in his back and that his back complaints were related to his pre-existing condition.
Judd F. Kleeger, Partner, settled this matter prior to trial for $1,800,000.