March 25, 2004 - New York State Appellate Court upholds $560,000 award in Bronx broken step case
The New York State Appellate Division upheld a jury award of $560,000 to a girl who suffered multiple broken bones when she fell on a defective stairway in a Bronx apartment building.A four judge panel of the Appellate Division, First Department, decided the case, Rosario v. Carassone, et al. The defendants, who were absentee landlords, argued that the award was excessive. The appellate court affirmed the 2002 Bronx jury verdict by unanimously rejecting the defendants' argument, writing in the decision, "The damage awards do not materially deviate from what is reasonable compensation under the circumstances."
The suit arose from an incident in October of 1994 in which the then-11 year-old Jennifer Rosario tripped on a broken step while leaving the apartment building for school. According to testimony, the landlord failed to repair the step for four years. Ms. Rosario suffered a broken leg and foot as a result of the fall. The accident left her with enduring pain and her doctor testified that she would require surgery as an adult to address ongoing problems with her foot.
The jury deliberated for only one hour before returning an award on October 10, 2002 of $560,000. The New York Jury Verdict Reporter listed this case as one of the top ten slip and fall awards for 2002.
The information and materials on this Web site are provided for general informational purposes only and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site is intended to substitute for the advice of an attorney, therefore if you require legal advice please consult with a competent attorney licensed to practice in your jurisdiction. All attorneys, unless otherwise noted in website, are not certified by Texas Board of Legal Specialization. See Terms of Use.