A man who said he tripped in a hole outside his apartment building in the Bronx, New York, and injured his ankle has been awarded $2.375 million by a jury.
Facts and Allegations
Howard Menifield alleged that he tripped in a hole in a paved courtyard outside his apartment building in the Morris Heights section of the Bronx, New York, and injured his ankle. Mr. Menifield sued the property's owner, Belmont Arthur Avenue Local Development Corp., and a previous owner, 1520 Sedgwick NY LLC. He alleged that they had been negligent in their maintenance of the property, which caused his ankle injury.
Defense counsel claimed that the defendants had not been aware of the hole's presence and that Mr. Menifield, a longtime resident, should have been aware of the presence of any lingering hazard.
The parties negotiated a high/low stipulation: Damages could not exceed $775,000, but they had to equal or exceed $175,000.
Result
The jury found that the defendants were liable for the accident. It determined that Mr. Menifield's damages totaled $2,375,000, but Mr. Menifield recovered the stipulated limit: $775,000.
The case is Menifield v. 1520 Sedgwick NY LLC, No. 305325/11 (N.Y. Sup.Ct. Bronx Co. March 2, 2018). Attorneys involved include: Robert Wolff; Rosenberg, Minc, Falkoff & Wolff, LLP; New York, NY, for Howard Menifield; Dara L. Rosenbaum; Rosenbaum & Taylor, P.C.; New York, NY, for 1520 Sedgwick NY LLC, Belmont Arthur Avenue Local Development Corp.
FC&S Legal Comment
This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].