The insurance company for the owner of an apartment building in Brooklyn, New York, has agreed to settle a tenant's negligence lawsuit for $450,000.
Facts and Allegations
Simone Lewis alleged that she fell while walking down a stairway at her apartment building in Brooklyn and injured her ankle.
Ms. Lewis sued the property owner, Linden Equities, LLC, asserting that it had negligently maintained the property, creating a dangerous condition that had caused her fall. In particular, Ms. Lewis claimed that she fell on a wobbly step and that she could not grasp the handrail to prevent her fall because it was too close to the wall.
Linden's counsel suggested that Ms. Lewis' fall was a result of her having slipped on liquid that had leaked out of a bag she was carrying.
Result
After a jury was chosen, but before delivery of opening statements, the parties negotiated a settlement. Linden Equities' insurer, Aspen Specialty Insurance Company, agreed to pay $465,000 to Ms. Lewis from a policy that provided $1 million of coverage.
The case is Lewis v. Linden Equities, LLC, No. 513196/16 (N.Y. Sup. Ct. Kings Co. April 22, 2019). Attorneys involved include: Seth A. Harris; Burns & Harris; for Simone Lewis; Sheri E. Holland; Burns & Harris; for Simone Lewis; Sean C. Callahan; O'Toole Scrivo Fernandez; Weiner Van Lieu, LLC; Cedar Grove, NJ for Linden Equities, LLC.
Insurance Coverage Law Center 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].