Plaintiff, an
elderly caucasian male, was a guest at Pines Motor Lodge Motel in Nassau County
where he slipped and fell on ice in the parking lot and subsequently
fell backwards, hit his head and back. At his deposition, Plaintiff
testified that the parking lot, sidewalks and adjacent area were all covered
with snow and/or dirty white ice.
However, Plaintiff could not recall specifics of the event.
The next
day, Plaintiff, on his own, admitted himself to the Winthrop Hospital emergency
room. Defendant moved for summary judgment, however, we were successful in
defeating Defendant’s motion. In his
decision, Nassau County Supreme Court Justice Galasso opined that the building
owner has a non-delegable duty and the issue as to whether or not Plaintiff fell
in the Pines Motor Lodge Motel parking lot or somewhere else, is an issue to be
decided for the jury. As a result of the accident, Plaintiff suffered an
acute subdural hematoma which was accessed by a craniotomy and then evacuated.
Plaintiff’s physician opined that Plaintiff’s injuries are consistent with a trauma to
the head and suffers from post-traumatic memory loss and diminished
capacity with regard to his memory. At trial, Ronald Ingber settled the
case for $650,000.
If you or someone
you know is injured in an accident involving a slip and fall incident you
should contact a New York Personal Injury Lawyer. SILER & INGBER, LLP is a
NY personal injury law firm that handles cases involving bicycle accidents. For
a free consultation call 1-877-529-4343.
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