Carmen Nunez v. Merriam Avenue Associates, L.P. Index No. 301177/15
Plaintiff, 48 year old female, was walking her son to school when she slipped and fell on ice in front of a residential building, causing her to fall. Plaintiff claimed the superintendent of the subject building was using a hose to clean the glass entrance façade and doors prior to the accident during below freezing temperatures, thus causing a creating a dangerous and hazardous condition on the sidewalk abutting the premises. As a result of the accident plaintiff complained of neck, back and left knee pain. Plaintiff was taken by ambulance to the emergency room and was treated and released. Following the accident plaintiff began a course of physical therapy and ultimately underwent surgery to her back and left knee.
Defendant’s superintendent claimed that he was not using a hose at any time prior to the accident. In addition, the defendant’s superintendent denied the presence of ice on the sidewalk where plaintiff fell. Defendants also claimed that all of plaintiff’s injuries were degenerative in nature and not caused by the alleged incident. Defendants also claimed that plaintiff suffered no objective orthopedic or neurological deficits as a result of the accident.
Judd F. Kleeger, Partner, settled this matter prior to jury selection.