On June 29, 2015 an $800,000 settlement in the Supreme Court, Bronx County for a 34 year old fuel delivery truck driver, who slipped and fell on ice as he walked toward the back of his truck in a bus depot in the Bronx.
Our client dislocated his right shoulder and tore his labrum necessitating surgery. A year later he first complained of pain to his neck and lower back, resulting in a laminectomy two years post accident. As a result of the injuries he claimed not to be able to return to work.
We sued the owners and operators of the bus depot. With substantial snowfall the day before our client was advised by the lot’s operator to postpone his visit one day. When he did return to the depot there were patches of ice throughout the parking lot.
On behalf of our client, we alleged that the lots’ owner and operator were negligent for failing to properly clear the subject parking lot of ice or alternately closing it until the dangerous area could be remedied, failing to provide him with an alternative spot, free of snow and ice in the lot/depot, to perform his tasks, and failing to spread sand in the subject area after he complained of the dangerous conditions in order to provide safety and better footing. The owner and operator claimed the lot was substantially cleared of snow and ice the day before and on the morning before the incident, so that it was in reasonably safe condition.
We worked with the worker’s compensation carrier to significantly reduce the lien of $215,000 to $111,000 paid.