Raphaelson & Levine recently represented a man who injured his neck and back after a slip and fall accident at a rental premise during the winter.
The defendant, a New York landlord, hired a meteorologist to testify that freezing rain was actively falling at the time of the accident and had been for an hour and a half leading up to the accident. They argued that they were not responsible for our client’s fall since New York law states that they are not responsible to remove snow and ice during a “storm in progress."
The day before trial was set to begin, the defendant offered an initial settlement of $125,000, however, while negotiations were still ongoing, they withdrew their offer and said they wanted to try the case.
Without the need of a meteorologist, trial attorney Jason Krakower, was able to prove to the jury that the ice that caused our client’s fall was not from the freezing rain that was falling at the time of the accident but rather was from ice that had formed 24-48 hours prior to the accident.
The jury returned a verdict 100% in favor of our client for $750,000, which will provide compensation for his pain and suffering to date as well as pain and suffering he will endure in the future.