XV/38-41 FRACTURE FALLDOWN INTERIOR STAIRS IN APARTMENT TRIMALLEOLAR ANKLE

SETTLEMENT: Anita E. v. Grenadier Realty Corp.; Sea Park East and West Houses, Inc.; Sea Park East Houses, Inc.; Spew Management Corp.; and Andsea Park East Co. 29528/94 Date of Settlement 2/5/98 Kings Supreme

Pltf. Atty: Mark T. Freeley of Daniel Buttafuoco & Assoc., Mineola

This action settled at jury selection for $200,000. Pltf., a 61-year- old home health care nurse, claimed that on 5/25/94 she tripped and fell on a defective step in her apartment located in Brooklyn. Defts. were the building managers. Pltf. claimed that part of the tread was missing from one of the steps, which caused her to fall. Pltf. contended that she had reported the defect to the main office prior to this accident. Defts. would have argued that since the stairs were in her own apartment, she should have been aware of the problem. Defts. also would have argued that they had no record of any complaints made prior to this accident. Deft. would have contended that there was a discrepancy between Pltf.'s account of the accident and a report given to her health care provider, which indicated that she was mopping when she fell.
Injuries: trimalleolar fracture of the left ankle treated with open reduction and internal fixation. Pltf. claimed that she is unable to work as a health care nurse due to her injuries. Defts. would have argued that Pltf. made an excellent recovery. Demonstrative evidence: photographs of the defect; photographs of the surgical scar of the ankle. Carrier: Zurich.

Pltf. Expert: Pltf. would have called Dr. Steven Ravich, treating orth. surg., Brooklyn.

Deft. Expert:Deft. would have called Dr. Raymond Koval, orth. surg., Elmhurst.