April 14,2021
In the very first jury trial held in Nassau County post-covid, partner Larry Wasserman secured a defense verdict!
In Borges v. Medical Specialties Group LLC, Plaintiff alleged serious injuries including a fractured shoulder and the need for a shoulder replacement. The plaintiff’s trip and fall was allegedly caused by an unsafe 4-to-5-inch curb leading to our client’s medical office building. Plaintiff was not familiar with the area and claimed the top of the cement-colored riser blended in with the cement sidewalk; so she was unaware of the 4-to-5-inch difference in height.
Plaintiff offered evidence from a safety expert that the curb constituted an “optical illusion” that made it unsafe for pedestrians as it blended in with the sidewalk. They also claimed it should have been marked with paint to indicate the curb, have a handrail; and a warning sign.
Our defense established that thousands of patients and others had used the landing for over ten years without incident; there were no complaints and that it was reasonably safe. The jury quickly found in our favor that there was no unsafe condition on the property.