A jury in upstate New York has ruled against a plaintiff who alleged that she was injured in a fall from a massage therapist's chair.
Facts and Allegations
Easter Dolcy, a law firm clerk, asserted that she was invited to receive a complimentary massage performed by Jessica Accetta, a massage therapist who was visiting Ms. Dolcy's employer's office in Newburgh, New York.
Ms. Dolcy alleged that she was directed to sit in a specialized folding chair that Ms. Accetta provided. According to Ms. Dolcy, the chair's seat collapsed and she fell to the floor.
Ms. Dolcy sued Ms. Accetta, alleging that she had been injured due to Ms. Accetta's negligence in the maintenance and setup of the chair.
Defense counsel argued that the chair was safe. He claimed that Ms. Accetta had uneventfully used the chair about 270 times before Ms. Dolcy's accident and more than 800 times thereafter. He also claimed that the chair was safely used in the same location and orientation immediately before and after her fall.
Defense counsel also noted that Ms. Dolcy had not sued the chair's manufacturer, and he contended that the accident was a result of Ms. Dolcy having manually dislodged the swing arm.
Result
The jury rendered a defense verdict. It found that Ms. Accetta's chair was reasonably safe.
The case is Dolcy v. Accetta, No. 1259/11 (N.Y. Sup. Ct. Orange Co. Sept. 12, 2019). Attorneys involved include: Jeff Brody; Jeff Brody & Associates, Kingston, NY, trial counsel, Finkelstein & Partners, LLP; for Easter Dolcy. Bruce A. Torino; Torino & Bernstein, P.C.; Mineola, NY for Jessica Accetta.
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This report is based on information that was provided by plaintiff's and defense counsel. Additional information was gleaned from court documents.
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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].