XV/18-40 FALL DOWN SNOW AND ICE ON COURTYARD WALKWAY FRACTURED MEDIAL MALLEOLUS

SETTLEMENT: A. and Kevin H. v. Glen Oaks Village Owners, Inc. 006327/94 Date of Settlement 9/29/97 Queens Supreme

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

This action settled for $200,000 before trial. Pltf., age 33 and unemployed, claimed that on 1/12/94, she slipped and fell on snow and ice in the courtyard walking area leading to her apartment at Deft.'s building complex located on Langston Ave. in Floral Park. Testimony indicated that there had been an ice storm on 1/7/94. Pltf. would have claimed that Deft. had sufficient time from the date of the storm to clear the walk areas, and would have contended that the sidewalks were haphazardly sprinkled with sand and that Deft. waited too long to apply the sand for it to be effective. Evidence would have been introduced that Deft.'s board of directors sent out a report to the tenants after the ice and snow storm, indicating that they were caught off-guard by the storm. The report stated that Deft. ran out of melting agents, and was unable to obtain supplies, necessitating the use of sand. Deft. would have argued that it did all that it could under the circumstances, considering the severity of the storm and resulting ice.

Injuries: fractured medial malleolus of the right ankle, treated with a cast. Pltf. subsequently developed deep vein thrombosis of the ankle. As a result, Pltf. is required to take Coumadin.

Pltf. Experts: Pltf. would have called Mark Kramer, meteorologist, Amityville; Dr. Ali Guy, physical and rehabilitative medicine, Manhattan.

Deft. Experts: Deft. would have called William Sherman, meteorologist, CompuWeather, Inc., Flushing; Dr. Leon Sultan, orth. surg., Franklin Square; Dr. David Eisenberg, neurologist, Woodside.