Past Cases & Results

SLIP AND FALL DOWN STAIRS

DATE OF OCCURRENCE: 5/1/1999

CLIENT: P.A. (58 year-old female)

DESCRIPTION OF OCCURRENCE: While descending, P.A. slipped down the bottom portion of a flight of steps in the house where she rented an upstairs room. She landed on her back.

INJURIES: L 4 -L 5 herniated disc with forward slipping of L 4 vertebrae over L 5 vertebrae. Compression of lumbar nerve.

TREATMENT: Surgery on 11/24/1999: Bilateral decompressive laminec­tomy, right medial facetectomy and medial foraminotomy, left complete facetecomy, with metal screws and plates.

RESULT: Settlement for $250,000 (of $300,000 homeowners policy)
$200,0000 straight cash pay out;
$ 50,000 structured settlement – paying P.A. $512 monthly for ten years, commencing 2/1/2003.

OF PARTICULAR INTEREST HERE:

1. My office retained an expert to examine and report on the condition of the stairs. This expert, holds a Ph.D. and is a Certified Safety Professional and Certified Hazard Control Manager. He found:
   1. The stairs were composed of wood. They were not uniformly con­structed, and were slippery and shiny. A.P. stated that the landlord polished the stairs with furniture polish.
      
      
   2. The bottom portion of the stairs lacked handrails.
      
      
   3. The stairway was poorly lit.
2. My office retained a vocational economic expert. He found that P.A. could no longer work as an insurance agent and that she suffered economic damage (present value) of $211,230 ($187,589 future loss; $23,641 past loss).
   
   
3. My office also hired medical-legal artists to prepare drawings depicting P.A.’s injuries and her surgery. These drawings were shown to the land­lord’s insurance carrier and, had the case not settled, the drawings would have been presented to the jury at trial.

ATTACHED:

1. Three color photographs showing the stairs. Note how shiny and slippery they appear, and the absence of handrails.
   
   
2. The last page of the report of our safety expert, stating his findings.
   
   
3. Four medical drawings, depicting:
   1. Surgical Repairs of Lumbar Spine Injuries.
      
      
   2. Post-Operative Condition of Lumbar Spinal Fusion.
      
      
   3. Lumbar Spine Injuries.
      
      
   4. Post-Operative Condition of Lumbar Spinal Fusion.

Law Offices of Gary E. Rosenberg, P.C.

109-01 72nd Road, Suite 1A
Forest Hills, New York 11375

(718) 520-8787

26 Court Street, Suite 404
Brooklyn, New York 11242

Serving: New York City, including the Boroughs of Brooklyn, Queens, Manhattan, Staten Island, and Bronx, and the Counties of Kings, Richmond, Queens, New York, Bronx, Nassau, Suffolk, Westchester, Rockland and Dutchess.