A jury in New York has decided that a landlord was 65 percent responsible for a tenant's fall on an icy staircase and the tenant was responsible for 35 percent, resulting in a final award of damages to the tenant of about $22,000.
Facts and Allegations
After Toni Marie Pecoraro allegedly fell while walking down the outside entryway stairs of her Brooklyn residence and was injured, she sued the owner, Lucia Tribuzio, asserting that the property had been negligently maintained.
In particular, Ms. Pecoraro alleged that she fell after slipping on ice that had been present for several days through a period of freeze-and-thaw cycles that followed a number of snowstorms that each produced about one to two inches of snow.
Defense counsel suggested that Ms. Pecoraro had slipped on ice that was a product of freezing rainfall that was occurring at the time of her alleged accident.
Alternatively, defense counsel contended that Ms. Pecoraro had not exercised due caution given that her fall had been caused by a hazard that she previously had noticed.
Result
The jury found that the parties shared liability, assigning 65 percent responsibility to the owner and 35 percent to Ms. Pecoraro. It determined that Ms. Pecoraro's damages totaled $35,100, but the comparative negligence reduction produced a net recovery to her of $22,815.
The case is Pecoraro v. Tribuzio, No. 3792/15 (N.Y. Sup. Ct. Kings Co. March 20, 2019). Attorneys involved include: Meredith A. Yevin; Krentsel & Guzman LLP; for Toni Marie Pecoraro; Edward J. Barbour; Penino & Moynihan, LLP; White Plains, NY for Lucia Tribuzio , Domenico Tribuzio,
Insurance Coverage Law Center Comment
This report is based on information that was provided by defense counsel. Plaintiff's 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].