Plaintiff, Monique Falu claimed that she fell on Friday, August 4, 2006 at 12:00p.m. noon between the eighth and ninth floors of the “B” staircase at 505 East 120th Street, New York, N.Y., a building in the Wagner Housing Development owned and operated by The New City Housing Authority. Falu, a telephone repair technician who was at the premises responding to a service call, claimed she was walking down the staircase, when she slipped and fell because the treads were slippery, too steep and too shallow and because there was only one handrail on this staircase (on the left side as a person descends). As a result of this slip and fall accident, Falu claimed cervical and lumbar injuries and internal derangement of her right knee as well as past lost earnings, potential future lost wages, mental anguish and medical expenses. Plaintiff claimed herniations at L4/5 and L5/S1. Plaintiff underwent epidural injections, and a complete discectomy at L5/S1, anterior fusion at this level with a fusion cage and neurolysis of the bilateral root. She underwent a trial implant of a spinal cord stimulator and had been approved for the installation of a permanent one. She did not return to work. She claimed, at best, she could work on a part time basis in a sedentary capacity for which she would require job training. At trial, plaintiff asked the jury to return a verdict of $6.5 million for her claimed injuries. The jury returned a defense verdict.
Supreme Court of the State of New York – County of New York
Index No: 118489-06
Judge Debra A. James
Defense Verdict – November 24, 2014
Responsible Partner: Randy S. Faust
Client: New York City Housing Authority
Opposing Counsel: Michael Glass – Rappaport, Glass, LeVine & Zullo, LLP.