Maria Aparicio v. Seward Park Housing Corporation
Plaintiff, 51 years old, slipped and fell on ice on a sidewalk in front of a commercial strip mall. As a result of the fall plaintiff sustained neck and wrist injuries, requiring surgery. Plaintiff also sustained injuries to her back. Defendants claimed that they properly performed snow and ice removal and were not negligent. In addition, defendants claimed that since there were 5 days of temperatures above 45 – 50 degrees prior to the date of the accident that there could not have been ice on the sidewalk. Defendants also claimed that plaintiff had prior neck and back injuries and complaints, as well as prior degenerative disc disease in her neck and back. Accordingly, the slip and fall was not the cause of her injuries and/or treatment.