David and Monica Revill v. Boston Road Development Corp. and Bronx Pro Real Estate
Type of Injury
RAISED FLOOR BOARDS FOLLOWING APARTMENT BUILDING FLOOD – PROPERTY DAMAGE
Defense verdict on liability (5/1).
XVII/35-12 FALLDOWN RAISED FLOOR BOARDS FOLLOWING APARTMENT BUILDING FLOOD PROPERTY DAMAGE DEFENSE VERDICT ON LIABILITY
David and Monica Revill v. Boston Road Development Corp. and Bronx Pro Real Estate 18458/95 9-day trial Verdict 1/14/00 Bronx Supreme
Judge: Lucindo Suarez
Verdict: Defense verdict on liability (5/1). Jury: 2 male, 4 female.
Pltf. Atty: Steven Wildstein, Great Neck
Deft. Atty: Jack G. Russo of Meyer, Suozzi, English & Klein, Manhattan
Facts: Pltf., a 37-year-old warehouse worker, claimed that in April 1995, a pipe burst in the heat riser of Defts. apartment building, causing his apartment to flood. Pltf. s apartment was located on the main floor, and his entire apartment was flooded with several inches of water. Deft. produced a videotape of the flood. He claimed $24,000 for property damage. The water was ultimately drained, and Pltf. s floor boards buckled. Several days after the accident, Pltf. tripped and fell over one of the floor boards in his bedroom. Pltf. claimed that Deft. was negligent for failing to repair the floor after the flood. Pltf. s expert testified that the floor constituted a dangerous condition. Defts. claimed that Pltf. was offered the opportunity to move out, but he did not move. They also claimed that Pltf. knew the floor was defective in the bedroom, but that he chose to go into the bedroom anyway.
Injuries: torn anterior cruciate ligament requiring two surgeries with hospitalizations. Pltf. claimed that he requires the use of a cane. Pltf. s vocational rehabilitation expert testified that Pltf. can only work at sedentary jobs that have less earning potential than his former job. Demonstrative evidence: videotape; wage projection charts. Jury deliberation: 45 minutes. Carrier: United International.
Pltf. Experts: Daniel Burdett, engineer, Manhattan; Dr. Frank Carr, orth. surg., Brooklyn; Dr. Edmond Provder, vocational rehabilitation, Manhattan.
Deft. Expert: Dr. Kenneth Seslowe, orth. surg., Elmhurst.