$2,000,000 Settlement
Premises liability – slip and fall on commercial delivery ramp
Premises liability
slip and fall on commercial delivery ramp
Supreme Court
State of New York, Kings County
Settlement
$2,000,000
Alex Shulman & J.J. Hill
Shulman & Hill
The Case
The plaintiff, a beverage delivery worker, slipped and fell on a greasy strip of plastic on an exterior delivery ramp at the rear of a commercial establishment in Brooklyn while delivering cases of drinks. He sustained injuries to his knees, shoulder and neck.
The Challenge
The accident was captured on the defendants' video surveillance system, and the footage was used by the defense to argue that the accident was caused by the manner in which plaintiff was pulling a pallet, contending the matter was essentially a workers' compensation claim. The defense also pointed to the plaintiff's age in arguing that the injuries were degenerative in nature and not causally related to the accident.
The Result
Counsel neutralized the video through skillful deposition practice, eliciting testimony from the defendants' own witnesses confirming their understanding that the plaintiff had slipped and fallen, and conceding that plastic debris on the ramp was a daily occurrence at that location for years before the accident. With competing summary judgment motions litigated and the case trial-ready, counsel secured a $2,000,000 settlement.
Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.