XVI/8-14 FALL DOWN METAL LIP ON CELLAR DOOR PLAINTIFF PARTIALLY LIABLE MULTIPLE LEG FRACTURES

Joanne and Robert G. v. J&F Ironworks v. Robert, Margat, and Rheinhard G. 27005-94 4-day trial Verdict 6/19/98 Queens Supreme
Judge: Arthur w. Jonschein

Verdict: Liability: Pltf. Joanne G. 30%; Robert G. 50%; J&F Ironworks 20% negligent (6/0). Subsequently settled on 6/22/98 for $ 95,000. Post-trial motions were denied. Jury: 3 male, 3 female.

Pltf. Atty: James V. Mattone of Daniel P. Buttafuoco & Assoc., Woodbury.
Deft. Atty: Joseph A. DePaula of Philip DeBellis, Melville, for Robert, Margat, and Rheinhard G., John F. Boland of Manning & Hughes, Garden City, for J&F Ironworks.

Facts: Pltf., age 33 (30% liable), claimed that on 8/6/93, she was injured when she tripped and fell over the lip of a cellar door at her home in Ridgewood. Pltf.'s husband, Robert (50% liable), was part owner of the house along with his parents, Defts. Margat and Rheinhard G. Pltf. and her husband lived in the basement of this multiple dwelling and were the designated managing agents. In 1990, Robert G. hired Deft. J&F Ironworks (20% liable) to install a cellar door for security and to prevent leaks. J&F designed, manufactured, and installed their own products. The model that was installed in Pltf.'s house had a lip to prevent water from entering, and was placed on top of an existing 6-inch concrete slab. Pltf. testified that she was carrying her 2-month-old infant when her foot caught on the lip of the door as she was entering the basement, and she fell. Pltf.'s engineer testified that the lip on the door was a defective condition and was a trip hazard. Defts. argued that Pltf. was negligent for failing to watch her step as she walked through the door. They argued that the door had been installed 3 years before the accident, and that Pltf. was aware of the lip.

Injuries: (not before the jury settled for $95,000 after the liability verdict) fractures of the right ankle, tibia, and fibula. Pltf. claimed that she still experiences pain in the leg. Demonstrative evidence: photograph of the cellar door and metal lip.

Pltf. Expert:
Herbert Braunstein, engineer, Brooklyn.

There was no expert testimony for Deft.